PRAVEEN KUMAR (PRAVEEN TIWARI IN FIR) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
CRLP/708/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 119828 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119828 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6052-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 708 of 2025 Petitioner :- Praveen Kumar (Praveen Tiwari In Fir) Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Mangal Prasad Mishra 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 and learned A.G.A., who appears on behalf of the State-respondents. 2. This petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 07.12.2024 lodged by opposite party No.4, bearing F.I.R./ Case Crime No. 298/2024, Under Sections 333, 75 BNS & 7/8 of Protection of Children from Sexual Offences Act, 2012 & section 3(2) (va) of SC/ST Act pertaining to Police Station- Jamo, District Amethi, as contained in Annexure
No.
1
to
the
writ
Petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioners on the basis of impugned First Information Report dated 07.12.2024 lodged by opposite party No.4, bearing F.I.R./ Case Crime No. 298/2024, Under Sections 333, 75 BNS & 7/8 of Protection of Children from Sexual Offences Act, 2012 & section 3(2) (va) of SC/ST Act pertaining to Police Station- Jamo, District Amethi, as contained in Annexure No. 1 to the writ Petition, in the interest of justice."
3. It has been submitted by learned counsel for petitioner that the petitioner is completely innocent and has falsely been implicated in the impugned FIR. The dispute is relating to land and only to pressurize the petitioner, the impugned FIR has been lodged. 4. Learned A.G.A. has produced before this Court
instructions sent by Sri Vinod Kumar Singh, In-charge Inspector, P.S. Jamo, District Amethi which are kept on record. 5. From the same, it is evident that statement of victim was recorded under Sections 180 and 183 BNSS and the medical report of the victim was considered, Charge Sheet no.A-06/2025, dated 10.01.2025 has been prepared and sent to the supervisory authority. 6.
Since the Charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge- sheet before the Supervisory Authority for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. 7. The writ petition is disposed of with liberty to the petitioners to approach the Competent Court for raising his challenge to the Charge-sheet. Order Date :- 29.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench