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2025 DAILYLAW 119839 (ALL)

INDRAPAL SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO AND 3 OTHERS

CRLP/745/2025 · 2025-01-28

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6453-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 745 of 2025 Petitioner :- Indrapal Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And 3 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. This petition has been filed with the following main prayers :- i. To issue a writ, order in the nature of certiorari for quashing the impugned first information report dated 05.01.2025 lodged by opposite party no.4 under section 333, 115 (2) , 351 (3) of BNS and Section 3 (1) (Va) of SC/ ST Act in FIR/ Case Crime No.06/2025, PS – Paraspur , District Gonda, contained as Anneure no.1 in respect of petitioner, in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 & 3 that on the basis of impugned first information report they not arrest the petitioner, in the interest of justice. Learned counsel for the petitioner says that he is entitled to the benefit of the judgment rendered by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Learned A.G.A. on the basis of written instructions dated 28.01.2025 sent by Sandeep Verma, S.I. Police Station – Paraspur, Gonda says that charge sheet has been prepared under Sections 333, 115 (2) / 352, 351 (3) BNS and Section3 (1) (da), (dha) and 3 (2) 5 (A) SC / ST Act on 18.01.2025 and has been submitted to the Additional Supdt of Police, Gonda for onward submission to the Court concerned. In this petition the prayer has been made for quashing of the FIR on the ground that no cognizable offence is made out. However, since chargesheet has already been submitted, the presumption is that some material evidence has been collected to make out such cognizable offence. Writ petition, therefore stands disposed of. Order Date :- 28.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench