RAM SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/701/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119258 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119258 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6075-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 701 of 2025 Petitioner :- Ram Shankar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Ashish Srivastava,Sakshi Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This writ petition has been filed with following prayers:
"i. Issue, a writ order or direction in the nature of certiorari quashing the first information report dated of F.I.R. dated 11.08.2024 which has been registered at case crime No. 0448/2024 under section 302, 120-B, 34 I.P.C. at Police Station Gurubaksha Ganj, District-Raebareli, contained as Annexure No. I to this writ petition. ii. Issue, writ order or direction in the nature of mandamus commanding the opposite parties, not to arrest the petitioner in pursuance of first information report F.I.R. dated 11.08.2024 which has been registered at case crime No. 0448/2024 under section 302, 120-B, 34 I.P.C. at Police Station Gurubaksha Ganj, District-Raebareli, contained as Annexure No. 1 to this writ petition."
3. Learned counsel for the petitioner has argued that the allegations made in the impugned F.I.R. are false and the respondent no.4 is not even the legally married wife of Kamlesh Lodhi, the alleged victim-deceased. The F.I.R. has been lodged with a delay and the petitioner is being deliberately harassed and he belongs to very power family and is working District Kurukshetra in Haryana at a brick-kiln .
4. Learned A.G.A. has produced before this court instructions, wherein it has been stated that during the course of investigation, it has come out that the petitioner was at the place of the incident as alleged during that time when the deceased disappeared. The deceased died an unnatural death as per
postmortem report. The instructions are kept on record.
5. From perusal of the F.I.R., cognizable offence is made out, therefore, this Court sitting in writ jurisdiction cannot grant the reliefs as sought in the writ petition.
6. The writ petition stands dismissed. Order Date :- 29.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench