AKSHAY KUMAR SHARMA AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/950/2025 · 2025-02-05
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120927 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120927 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7300-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 950 of 2025 Petitioner :- Akshay Kumar Sharma And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Arshad Jameel,Mohammad Naseem,Pervesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the State- respondents nos.1, 2 and 3. (2) This petition has been filed by the petitioners with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 29.11.2024 at 17:43, lodged by the Opposite party no.4 at Police Station Chinhat, District Lucknow, registered at Case Crime No.0555/2024, under Sections 316(2)/318 of B.N.S. and Section 2/4 D.P. Act, as contained in Annexure No.1 during the pendency of this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Opposite party no.3 not to arrest the petitioners in connection with First Information Report dated 29.11.2024 at 17:43, lodged by the Opposite party no.4 at Police Station Chinhat, District Lucknow, registered at Case Crime No.0555/2024, under Sections 316(2)/318 of B.N.S. and Section 2/4 D.P. Act, as contained in Annexure No.1 during the pendency of this writ petition. (3) It has been submitted by the learned counsel for the petitioners that a compromise has occurred between the parties. A copy of the original compromise has been filed as Annexure No.2 to the petition. (4) Ms. Kahkashan Zaidi, Advocate, has filed her Power
on behalf of the Opposite party no.4 but she does not dispute such statement made by the counsel for the petitioners. (5) This petition is finally disposed of with a direction to the petitioners and the Opposite party no.4 to approach the Opposite party no.3-Station House Officer, Police Station Chinhat, District Lucknow, on 12.02.2025 alongwith compromise who shall verify the same and submit a report to the Court concerned. (6) Office is directed to return the original compromise to the counsel for the petitioners after retaining a copy of the same on the record.
(7) Till such verification is done, the petitioners namely Akshay Kumar Sharma, Ram Gopal and Lal Bahadur, shall not be arrested in pursuance of the impugned F.I.R. dated 29.11.2024 lodged by the Opposite party no.4 registered as Case Crime No.0555/2024, under Sections 316(2)/318 of B.N.S. and Section 2/4 D.P. Act, at Police Station Chinhat, District Lucknow, subject to their full cooperation. Order Date :- 5.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench