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2025 DAILYLAW 119005 (ALL)

BRIJ MOHAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

CRLP/682/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6051-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 682 of 2025 Petitioner :- Brij Mohan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Petitioner :- Manuvendra Singh,Arvind Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A., who appears for the State-respondents. 2. This petition has been filed with the following prayers:- "i. Issue an appropriate writ, order or direction in the nature of Certiorari calling for records of the case and quashing the impugned FIR No. 690 of 2021 lodged at Police Station Gomti Nagar District Lucknow East (Commissionerate Lucknow) dated 14.09.2021 for the offences under Section 409 and 420 of the Indian Penal Code, 1860 (Annexure no.1) and the proceedings emanating therefrom as and against the Petitioner - Brij Mohan Singh; ii. Any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. It has been argued by the learned counsel for the petitioner that similarly placed accused has been granted interim relief by this Court in Criminal Misc. Writ Petition Nos.642 of 2025, 645 of 2025 and 661 of 2025, and this Court has directed the respondents to file their counter afÏdavits, and directed the matter to be listed on 18.02.2025. 4. The learned A.G.A. has produced before this Court copy of instructions dated 27.01.2025 sent by Inspector Jainuddin Ansari, Economic Offences Wing, Lucknow, Uttar Pradesh, and he says that although charge sheet has not been filed in the matter, but during the course of investigation, it has come out that the petitioner is an accused in atleast nine criminal cases, but he has stated in the writ petition that there is no criminal history. 5. The said instructions are kept on record. 6. This Court is sitting in writ jurisdiction under Article 226 of the Constitution, which is an equitable jurisdiction. The petitioner should have approached this Court with clean hands for discretion to be exercised in his favour. 7. Accordingly, the present writ petition is dismissed. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 29.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench