JAY KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
CRLP/999/2025 · 2025-02-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121534 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121534 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8256-DB
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 999 of 2025 Petitioner :- Jay Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Shishir Chandra 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. This petition has been filed 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 17.02.2021 lodged as case crime no.0080/2021, under section 406, 504 & 506 of the Indian Penal Code, 1860 at P.S. Hazratganj, District Lucknow insofar as it pertains to implication of the petitioner (as Annexure No.1 to the present writ petition). ii. Issue a writ, order or direction in the nature of mandamus directing the repsondents to not give effect and proceed further in pursuance to the First Information Report dated 17.02.2021 lodged as Case Crime No.0080/2021, under Section 406, 504 & 506 of the Indian Penal Code, 1860 at Police Station- Hazratganj, District Lucknow insofar as it pertains to the petitioner. iii.Issue an ad- interim mandamus to the effect that the petitioner be not arrested in pursuance of the First Information Report dated 17.02.2021, lodged as Case Crime No.0080/2021 under Section 406, 504 & 506 of the Indian Penal Code, 1860 at PS Hazratganj, Lucknow.”
Learned counsel for the petitioner stated that essential ingredients of Section 406, 504, 506 IPC have not been made out as there is no entrustment of property. Learned A.G.A. has informed this Court that all the sections invoked against the petitioner carry a punishment up to 7 years and therefore the Investigating Officer is duty bound to follow the law as laid down in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. At this stage, learned counsel for the petitioner says that he has been informed that Section 409 and Section 34 IPC have been added during the course of investigation. Writ petition is dismissed with liberty to the petitioner to file a fresh petition.
Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench