NILESH TIWARI @ NILESH TRIPATHI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/934/2025 · 2025-02-04
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121084 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7113-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 934 of 2025 Petitioner :- Nilesh Tiwari @ Nilesh Tripathi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Shanker Lal Pandey Counsel for Respondent :- G.A.,Lav Upadhyay,Ved Prakash Sharma Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Ved Prakash Sharma, who has filed caveat on behalf of the caveator. This petition has been filed with the following main prayers :
"(i) Issue a writ, order or direction in the nature of certiorari quashing thereby impugned first information report dated 25.12.2024 having Crime/FIR No.0211 of 2024, under Sections 109(1), 117(2), 118(1), 191(2), 191(3), 190, 352, 351(3), 304 of B.N.S., 2023 registered as Police Station Kohandaur, District Pratapgarh. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest or harass the petitioner in pursuance of the impugned first information report."
Learned counsel for the petitioners says that there is a long-running enmity between the parties and litigation regarding some property is also pending before the Court concerned. Initially the opposite party no.4 attacked the petitioners and only to pressurize them, the impugned F.I.R. has been lodged alleging that the petitioners had attacked the opposite party no.4. We have gone through the injury report and also the instructions sent by Shri Ram Janam Pandey,
Sub Inspector, Police Station Kohraud, District Pratapgarh wherein it has been stated that as per the injury report i.e. the medico legal examination report of Medical ofÏcer concerned, six wounds have been inflicted by the petitioners on the victim of which the injury nos.1, 4 and 5 are serious in nature and require observation. The copy of such instructions is kept on record. We have also gone through the injury report also and we find that the petitioners had attacked the opposite party no.4 on his head, face, left arm and also his legs with at least two injuries on the auxifortal and temporarl regions of the head. Moreover, the Investigating OfÏcer, in his instructions, says that non-bailable warrant has been issued by the Magistrate concerned against the petitioners. We do not find it a fit case to show the interference as prayed for. The writ petition is dismissed with liberty to the petitioners to approach the Court concerned for any other remedy available to them.
Order Date :- 4.2.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench