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2025 DAILYLAW 126301 (ALL)

CHANDAN DIXIT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

CRLP/1799/2025 · 2025-03-04

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13586-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1799 of 2025 Petitioner :- Chandan Dixit Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Shamsher Yadav Jagrana,Shashank Shekhar Rawal Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material available on record. 2. This petition seeks issuance of a writ, order or direction in the nature of certiorari for quashing the First Information Report dated 26.08.2024, lodged by opposite party no.4, bearing F.I.R./Case Crime No. 0231 of 2024, under Sections 406, 419, 420, 467, 468 and 471 of I.P.C. registered at Police Station- Indira Nagar, District- Lucknow North (Commissionerate Lucknow). 3. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and he has no concern with the entire dispute of this case. He further submits that the petitioner is wrongly been harassed by the police. He next submits that the police has given him a notice dated 14.10.2024 to appear with regard to the present case. 4. Learned A.G.A. submits that two persons are named in the F.I.R. and none of them has challenged the F.I.R. claiming the same to be false or fraudulent. Petitioner has not given any developments which may have taken place after the notice dated 14.10.2024 was served upon him by the police for recording his statement. 5. Learned A.G.A. further submits that in case police is harassing the petitioners, who claims to have no concern with the case, in such circumstances an appropriate remedy available to the petitioner is to apply for an anticipatory bail. 6. The entire argument of the petitioner is that he is wrongly being harassed by the police in the matter. On his behalf, the present first information report cannot be quashed, as the main accused have not challenged the F.I.R. 7. We have gone through the submission of learned counsel for the parties. We find force in the submissions of learned A.G.A. Though the F.I.R. is lodged on 26.08.2024 but till date the main accused have not challenge the same. If the petitioner feels aggrieved by the police in any manner, he can always approach the appropriate Court for grant of anticipatory bail. 8. Thus, this Court is not inclined to exercise its discretionary jurisdiction on a petition filed by a person who is claiming to be the alien of the first information report. 9. In the result, writ petition lacks merit and is dismissed. (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 4.3.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench