Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 121618 (ALL)

AMAR NATH TIWARI @ LODEY v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS

/947/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:6962-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 947 of 2025 Petitioner :- Amar Nath Tiwari @ Lodey Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Rahul Mishra,Abhinav Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 28.01.2025, registered as First Information Report No. 0035 of 2025, Under Section 3 (5), 109, 121(1), 132, 115 (2), 352, 351 (2), 351 (3) of Bhartiya Nyay Sanhita (BNS), 2023 at Police Station-Kudwar, District Sultanpur as contained in Annexure No.1 to this writ petition, so far as it relates to petitioner. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 28.01.2025, registered as First Information Report No. 0035 of 2025, Under Section 3 (5), 109, 121(1), 132, 115 (2), 352, 351 (2), 351 (3) of Bhartiya Nyay Sanhita (BNS), 2023 at Police Station- Kudwar, District Sultanpur as contained in Annexure No.1 to this writ petition." 3. A mention regarding taking up the matter urgently was made in the morning. 4. Since the petition has already been filed on 28.01.2025, we had given our consent to take up the matter today. 5. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the F.I.R. and he is completely innocent. 6. It has also been stated that the Police had beaten up the petitioner brutally. Photographs of the co-accused whose encounter was falsely done by the Police are annexed as annexure-2 to the writ petition. The Police are continuously raiding the house of the petitioner and harassing the petitioner's family members as well. 7. We have gone through the F.I.R. that has been impugned in this writ petition. It appears that the petitioner was asked to stop for checking, but instead stopping for checking and cooperating with the Police they have started beating up the Sub-Inspector, Sri Ram Babu Singh. 8. Learned A.G.A. for the State has produced before this Court instructions sent by the Station House OfÏcer, Police Station Kudwar, District Sultanpur wherein it has been stated that Sri Ram Babu Singh has lapsed into coma and has been referred to Lucknow for further treatment. 9. The written instructions are kept on record. 10. From a perusal of the F.I.R. this Court finds that a cognizable offence is made out against the petitioner. 11. Accordingly, the writ petition disposed of. Order Date :- 31.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench