SONU ALIAS MOHSIN HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS
CRLP/1008/2025 · 2025-02-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121775 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8266-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1008 of 2025 Petitioner :- Sonu Alias Mohsin Husain Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Syed Asaghar Mehdi,Manish Mani Tripathi 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 prayers :- i. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated:- 27.12.2024 lodged by the opposite party no.4 in case crime no.0435 of 2024 under section 69, 115 (2), 133, 351 (2), 351 (3) BNS lodged at police station Dargah Sharif District Bahraich contained in Annexure No.1 to this writ petition. ii. Issue any other writ, order or direction in the nature of Mandamus commanding the opposite parties specially police authorities not to arrest the petitioner on the basis of impugned First Information Report dated 27.12.2024 lodged by the Opposite party no.4 in case crime no.0435 of 2024 under Section 69, 115 (2), 333, 351 (2), 351 (3) BNS lodged at police station Dargah Sharif District Bahraich contained in Annexure no.1 to this writ petition. It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned FIR only because there was initially a dispute regarding a fight that has occurred among the children of the petitioner and complainant and a challani report was filed in the said case under sections 170, 126 and 135 BNSS on 19.12.2024 wherein he was granted bail on 19.12.2024, therefore, the petitioner has been falsely roped in the present case, which is a serious offence. Learned A.G.A. has produced before the Court a copy of the instructions and copy of the case diary wherein the statements of informant under sections 180 and 183 of the BNSS have been recorded that support the prosecution story. The said instructions are kept on record. We have gone through the statements and also we have gone through the contents of the FIR wherein a specific averment has been made regarding forcible sexual intercourse and other aggravated offences. We find from the contents of the FIR that a cognizable offence is made out.
We feel it unnecessary to interfere in this writ petition. Writ petition is accordingly dismissed. Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench