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2025 DAILYLAW 121723 (ALL)

BANDHU AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. CIVIL SECTT. LKO. AND OTHERS

CRLP/1033/2025 · 2025-02-06

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7920-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1033 of 2025 Petitioner :- Bandhu And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Surendra Kumar Yadav,Shobh Nath Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents. This petition has been filed by the petitioners with the following prayers : "(i) Issue a writ, order or direction in the nature of certiorari for quashing the first information report lodged dated 18.12.2024 by the opposite party no.4 by filing an application under Section 173(4) B.N.S.S. Act before learned court below against the petitioners in Case Crime No.0511 of 2024, under Sections 302, 201, 506 I.P.C., Police Station Dariyabad, District Barabanki. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party nos.2 and 3 not to arrest the petitioners in pursuance of the aforesaid the first information report lodged dated 18.12.2024 by the opposite party no.4 by filing an application under Section 173(4) B.N.S.S. Act before learned court below against the petitioners in Case Crime No.0511 of 2024, under Sections 302, 201, 506 I.P.C., Police Station Dariyabad, District Barabanki." It has been submitted by the learned counsel for the petitioners that the petitioners are aged about 61 and 57 years respectively and an F.I.R. has been lodged alleging the murder of late Bhagirath S/o Lalai, aged about 60 years, by the petitioners, only because there is a property dispute between the parties and the claimant is their relative. Learned A.G.A. has produced before this Court the instructions sent by Shri Manoj Kumar Sonkar, In- charge Inspector, Police Station Dariyabad, District Barabanki wherein it has been stated that the body of Bhagirathi has been exhumed and his postmortem has also been done. The inquest report has been prepared and the investigation is going on in the matter. The copy of such instructions is kept on record. This Court having gone through the impugned F.I.R. finds that cognizable offence is made out, therefore, there is no ground to show interference. The writ petition is, accordingly, dismissed. Order Date :- 6.2.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench