PANKAJ FAUJI @ PANKAJ KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/1347/2025 · 2025-02-14
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123831 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123831 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9979-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1347 of 2025 Petitioner :- Pankaj Fauji @ Pankaj Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- O.P. Tiwari 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 AGA for the State. 2. This writ petition has been filed with the following prayers :-
"(i). Issue a writ order or direction in the nature of Certiorari thereby quashing the impugned false first information report lodging by the opposite party no. 3 on 22.01.2025 at 18:15 hours, in case crime no. 0025 of 2025, under sections- 191(2), 308(5), 126(2), 352, 351(3) B.N.S., Police Station- Achalganj District- Unnao, contained as Annexure No. 1 to this writ petition' (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite party no. 2 not to arrest or adopt any coercive measures against the petitioner on the basis of false first information report lodged by the opposite party no. 3 on 22.01.2025 at 18:15 hours, in case crime no. 0025 of 2025, under sections- 191(2), 308(5), 126(2), 352, 351(3) B.N.S., Police Station- Achalganj District- Unnao, contained as Annexure No. 1 to this writ petition."
3. It is submitted by learned counsel for the petitioners that the petitioners are falsely implicated in the impugned FIR. It has been alleged in the impugned FIR that the petitioner was habitual of gambling and when he asked for money from the complainant, which the complainant refused, he was severely beaten up by the petitioner and co-accused. It has been submitted that the petitioner is an Ex-Army Personnel and retired from service on 30.06.2015 and is a respectable member of the Society has constructed a house which is almost 70 kms away
from the place where the incident is alleged to have occurred. The petitioner was under treatment at S.K. Hospital, Kanpur during the time when the alleged incident is said to have occurred. 4. Learned AGA has produced before this Court the instructions sent by Investigating OfÏcer, Thana Achalganj, Unnao, is taken on record wherein it has been stated that five co-accused have taken into custody and produced before the court concerned and have been sent on judicial remand.
Insofar as the petitioner Pankaj Fauji @ Pankaj is concerned, evidence has been collected against him and he has remained absconding. Copy of the case diary has been enclosed to the said instructions wherein statements of various witnesses have been annexed. 5. We have gone through the instructions as well copy of the case diary including statements of various witnesses, who have stated clearly that the petitioner is one of the members of the gang i.e. of gambling as a profession. 6. We do not find any good ground to show interference in the impugned FIR. 7. The writ petition stands dismissed. Order Date :- 14.2.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench