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2025 DAILYLAW 121829 (ALL)

LAVELESH ALIAS PULLU v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETARIAT LKO. AND 3 OTHERS

CRLP/1045/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8262-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1045 of 2025 Petitioner :- Lavelesh Alias Pullu Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secretariat Lko. And 3 Others Counsel for Petitioner :- Abdul Samad 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. To issue a writ, order or direction in the nature of ‘Certiorari’ to quash the impugned First Information Report dated 23.01.2025 in Case Crime No./FIR No.0010/2025, under section 109 (1), 352, 351 (3) BNS, police station – Naseerabad, District Raebareli (contained as Annexure no.1) lodged by opposite party no.4 against the petitioner. ii. To issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3, not to arrest the petitioner on the basis of impugned FIR. It has been submitted by the learned counsel for the petitioner that the petitioner is completely innocent and has been falsely implicated in the impugned FIR. The allegation is that the son of the complainant was going to graze goats where the petitioner Lavelesh alias Pullu started abusing him and attacked him with the knife which hit his back. It has been submitted that the petitioner neither abused not beat up nor attacked the informant with the knife. We have seen the injury report which matches the contents of the FIR. There is incised wound of 2.5 cm x 1 cm on the left side of the back of the back of the body 16 cm below the left shoulder joint. The contents of the FIR indicate a cognizable offence to be made out. We, therefore, do not find any good ground to show interference in the impugned FIR. The writ petition is dismissed. Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench