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2025 DAILYLAW 124828 (ALL)

KRISHNA KUMAR @ PINTOO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/1537/2025 · 2025-02-20

S Q H Rizvi, Vivek Chaudhary

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Judgment text

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Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1537 of 2025 Petitioner :- Krishna Kumar @ Pintoo Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Mulayam Singh Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Syed Qamar Hasan Rizvi, J. 1. Heard learned counsel for the petitioner and the learned A.G.A. and perused the record. 2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 17.10.2024 bearing No.0465 of 2024 for the offences under Sections 376, 392 and 504 IPC, Police Station Kotwali Rudauli, District Ayodhya. 3. Contention of counsel for the petitioner is that FIR was lodged on 17.10.2024 after much delay and the allegation made in the FIR is false and concocted. Second submission of learned counsel for the petitioner is that due to village enmity, the said FIR was lodged. 4. We have perused the FIR. In the FIR, the allegations are from 20.08.2023 till February 2024 and an application for lodging the FIR was filed on 29.03.2024, but the same was not registered, hence an application under Section 156(3) of Cr.P.C. was filed and after order of the Magistrate, the FIR was lodged on 17.10.2024. Therefore, it cannot be said that there is any delay in lodging the FIR. The victim has supported the prosecution case in her statement recorded under Section 164 Cr.P.C./133 of BNSS, 2023. Therefore, we do not find any force in the submission of learned counsel for the petitioner. No case for interfere is made out. 5. Writ petition is accordingly dismissed. . (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary,J.) Order Date :- 20.2.2025/dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench