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2025 DAILYLAW 128746 (ALL)

VIKAS SRIWASTAVA ADVOCATE @ VIKAS SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/2165/2025 · 2025-03-20

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16214-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2165 of 2025 Petitioner :- Vikas Sriwastava Advocate @ Vikas Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Dev Mani Mishra,Abhisek Kumar Dixit Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for petitioner and learned A.G.A. for the State. Sri Prashant Vikram Singh, Advocate has appeared on behalf of opposite party nos. 4 & 5 and filed Power, the same is taken on record. This petition seeks issuance of a writ in the nature of certiorari for quashing the First Information Report dated 07.03.2025 bearing Case Crime No.0061 of 2025, under Sections 109(1),352,351(2) of B.N.S.,2023, Police Station Patti, District Pratapgarh. Submission of learned counsel for petitioner is that there are two F.I.Rs. with regard to the same incident. However, learned A.G.A., on instructions, states that both the incidents took place at different places with a time gap of half an hour and the same are not relating to the same incident. A perusal of the impugned First Information Report shows that the allegations against the petitioner are of using fire arms within the Court of Sub Divisional Magistrate, Tehsil Patti, District Pratapgarh and the used cartridges are also recovered from the spot. The allegations against the petitioner are very serious in nature. In view thereof, a bare perusal of the F.I.R. shows that, prima facie, cognizable offence is made out against the petitioner. Accordingly, this Court is not inclined to exercise its discretionary jurisdiction in the present petition. The writ petition is dismissed. (Brij Raj Singh,J.) (Vivek Chaudhary, J.) Order Date :- 20.3.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench