JABIR (AS PER FIR JABIR ALI ) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
/897/2025 · 2025-01-31
Sangeeta Chandra, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119173 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119173 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6866-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 897 of 2025 Petitioner :- Jabir (As Per Fir Jabir Ali ) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Vijayendra Prakash Tripathi,Rajesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Sri Ravindra Kumar Mishra, Advocate, has filed his power on behalf of the opposite party no. 5, which is taken on record. Heard, learned counsel for the petitioner, Sri Ravindra Kumar Mishra, learned counsel for the opposite party no. 5, learned A.G.A. for the State and perused the record. This writ petition has been filed with the following prayers :-
"i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned first information report dated 30- 08-2024 lodged at Case Crime No./F.I.R. No. 207 of 2024, under section-318 (4), 316 (2) B.N.S. Police Station-Rehra Bazar, District-Balrampur on the basis of compromise deed dated 17-01-2025 executed by the petitioner and opposite party no. 5 who is alleged victim of this case, as contained in Annexure No. 1 & 2 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioner on the pretext of impugned First Information Report dated 30-08-2024 lodged at Case Crime No./F.I.R. No. 207 of 2024, under section-318 (4), 316 (2) B.N.S. Police Station-Rehra Bazar, District-Balrampur, as contained in Annexure No. 1 to this writ petition. (iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the present circumstances of the case. iv) to award the cost in favour of the petitioner." It is the case of the petitioner that the petitioner is Gram Pradhan of the village concerned and the complainant is the Lekhpal, who has lodged the first information report alleging the cheat and fraud and also alleging that four daughters of the
victim i.e. opposite party no. 5, Smt. Janntunnisha had died accidentally and the government has sanctioned Rs. 16 Lac in her favour, but, the Gram Pradhan, fraudulently, had got Rs. 6 Lac transferred in his account. It has been submitted that a compromise has occurred between the petitioner and the opposite party no.
5, the victim, and the entire money has been returned to the victim. The copy of compromise, that has occurred between the petitioner and opposite party no. 5, has been filed as Annexure No. 2 to the petition. This writ petition is disposed of with a direction to the petitioner and the opposite party no. 5 to appear before the Station House OfÏcer, Police Station-Rehra Bazar, District-Balrampur alongwith the original copy of the compromise, who shall verify the same and submit an appropriate report to the Magistrate concerned. The petitioner shall appear before the Station House OfÏcer, Police Station-Rehra Bazar, District-Balrampu, on 07-02- 2025 at 02.00 P.M. The report shall be submitted by the Station House OfÏcer within two weeks to the Magistrate concerned. The Magistrate concerned shall thereafter, pass an appropriate
order expeditiously. Till such report is submitted by the Station House OfÏcer, Police Station-Rehra Bazar, District- Balrampur, the petitioner shall not be arrested in pursuance of the impugned first information report. The ofÏce is directed to return the original compromise to the counsel for the petitioner after retaining a photocopy of the same in the record. It is clarified that we have shown interference in the impugned first information report and granted protection to the petitioner only because, he has returned the money to the victim. We have not made any observations with regard to the merits of the case regarding fraud committed by the petitioner.
Order Date :- 31.1.2025/AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench