ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/749/2025 · 2025-01-28
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 120099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120099 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6353-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 749 of 2025 Petitioner :- Ashish Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Piyush Pathak,Vaibhav Prakash Jaiswal,Vipul Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the parties and perused the record. Present petition has been filed with the following main prayers :- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR No.0140/2004, under section 363 & 366 of IPC, lodged at police station – Jamo, District Amethi, lodged by opposite party no.5 (Annexure no.1) to this writ petition. ii. Issue a writ, order or direction in the nature of mandamus directing the opposite party no.2 to opposite party no.4 not to arrest the petitioner in the impugned FIR No.0140 of 2024, under section 363 & 366 of IPC lodged at Police Station Jamo, District Amethi, lodged by opposite party no.5.”
Learned counsel for he petitioner submits that the petitioner has been falsely implicated and he has nothing to do with the matter. Learned A.G.A. has produced before this Court instructions dated 28.01.2025 sent by Hardev Bahadur Singh, Sub Inspector, police station – Jamo, Amethi wherein it has been stated that after the victim’s statement was recorded under section 161, 164 CrPC and nothing was stated against the petitioner. Instructions are kept on record. Writ petition is dismissed as having become infructuous.
Order Date :- 28.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench