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2025 DAILYLAW 121313 (ALL)

SARVESH AND 2 OTHERS v. State of U.P. THRU PRINCIPAL SEC. HOME AND 3 OTHERS

/907/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6865-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 907 of 2025 Petitioner :- Sarvesh And 2 Others Respondent :- State Of U.P. Thru Principal Sec. Home And 3 Others Counsel for Petitioner :- Praveen Chandra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. Heard the leaned counsel appearing for the petitioners and the learned A.G.A. for the State. This petition has been filed with the following prayers:- "a. To issue a writ, order or direction in the nature of writ of Certiorari quashing the impugned First Information Report dated 29.12.2024 lodged by the opposite party no. 4 vide First Information Report No- 0337/2024, U/S- 452, 354, 323, 506, 392 I.P.C. P.S- Lonar, District- Hardoi contained in Annexure no. 1 to this writ petition. b. To issue a writ order or direction in the nature of writ of Mandamus commanding the opposite parties not to arrest the petitioners on the basis of the impugned First Information Report contained in Annexure No. 1 to this writ petition. c. To issue any other writ, order or direction which this hon'ble court deems just and proper in the circumstances of the case in the interest of justice. d. To award the cost of the writ petition." It has been submitted by the learned counsel appearing for the petitioners that the petitioners are innocent and have been falsely implicated in the impugned first information report. According to the first information report, one incident took place on 31.5.2024 for which first information report has been lodged after almost seven months on 29.12.2024. The opposite party no. 4 had initially moved an application under section 156(3) of Cr.P.C. before the court of Civil Judge Junior Division/Fast Track Court on 28.06.2024 falsely alleging that the petitioners had come to her house on 31.5.2024 at 10 pm and started beating her with lathi-danda and also tried to rape her and snatched a gold chain. The Court asked for a report from the police station concerned, which has been submitted on 8.7.2024 a copy of such report has been filed as annexure no. 2 to the petition. Despite such report being submitted in favour of the petitioners, the court has ignored the same and directed lodging of first information report. We have gone through the first information report. The allegations are serious. We do not find any good ground to show interference as cognizable offence is made out. The instant writ petition is dismissed. Order Date :- 31.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench