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2025 DAILYLAW 122258 (ALL)

PREM NARAYAN THAPA ALIAS PREM NARAYAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/1067/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9898-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1067 of 2025 Petitioner :- Prem Narayan Thapa Alias Prem Narayan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj 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 thereby quash the impugned First Information Report lodged by the opposite party No. 4 on 08.02.2023 at 20:02 hours, as First Information Report No. 29 of 2023, Under Sections- 504, 506 I.P.C. and Section 7, 13(1) of Prevention of Corruption Act, 1988, at Police Station- Ikauna, District -Shrawasti (Contained as Annexure No.-1), in the interest of justice. ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opp. Parties 3 not to arrest the Petitioner in pursuance of impugned First Information Report lodged by the opposite party No. 4 on 08.02.2023 at 20:02 hours, as First Information Report No. 29 of 2023, Under Sections- 504, 506 I.P.C. and Section 7, 13(1) of Prevention of Corruption Act, 1988, at Police Station- Ikauna, District - Shrawasti (Contained as Annexure No.-1), in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. and he has not demanded any bribe, nor any such bribe has been given to him by any farmer. 4. Learned A.G.A. for the State Respondents has produced before this Court detailed instructions sent by Sri Satish Kumar Sharma, Circle Officer (Ikauna), District Shrawasti wherein it has been stated that the informant had made a video recording of his giving Rs.3,200/- as bribe to the petitioner for including his name in the list of beneficiaries for compensation to crops destroyed by flood. The video clip so prepared was sent to the Forensic Science Laboratory, Lucknow and its report has stated that the video file/video stream is not tempered. 5. The video stream being genuine, there is evidence regarding the petitioner accepting extraneous consideration while working as Lekhpal. 6. The written instructions are kept on record. 7. We have gone through the F.I.R. and also the detailed instructions find a cognizable offence to be made. No interference as prayed for in this writ petition can be granted to the petitioner. 8. The writ petition stands dismissed. Order Date :- 14.2.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench