DEEPAK SAHANI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/998/2025 · 2025-02-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8255-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 998 of 2025 Petitioner :- Deepak Sahani Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Dinesh Kumar,Anand Kumar Arya,Ranjeet Kumar 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 prayer :- i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 25.10.2024 at 20:30 Hours bearing Crime/ First Information Report No.0237 of 2024 under Section 61 (2), 316 (5), 318 (4), 336 (3), 338, 340 (2)BNS 2023, police station – Pachpedwa, District – Balrampur, contained as 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 & 3 not to arrest the petitioner on the basis of impugned First Information Report dated 25.10.2024 at 20:30 hrs bearing Crime/ First Information Report No.0237 of 2024 Under Section 61(2), 316 (5) , 318 (4), 336 (3), 338, 340 (2) BNS 2023, Police station - Panchpedwa, District Balrampur and not to adopt any coercive method against the petitioner.” It has been submitted by the learned counsel for the petitioner that the petitioner is a Junior Engineer in a Private Company assigned with the job of making houses for the poor and he has been falsely implicated in the impugned FIR . We have gone through the contents of the FIR wherein it has been mentioned that under Pradhanmantri Awas Yojana (Urban) incomplete houses were shown to be completed fraudulently thereafter geo tagged and when complaint regarding the same was received, on the spot inspection was carried out by the higher officers and they found collusion between Government Officers and the private firm assigned with the job of constructing the houses. We find the cognizable offence to be made out, therefore, this Court finds it unnecessary to show interference as prayed for. Writ petition is accordingly dismissed. Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench