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2025 DAILYLAW 145169 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/5032/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35366-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5032 of 2025 Petitioner :- Om Prakash Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Jiyaram Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard. In compliance of earlier order of this Court dated 11.06.2025, Sri Vikash Kumar Pandey, Assistant Commissioner of Police, Krishna Nagar, Police Commissionerate, Lucknow, filed his personal affidavit, which is taken on record. Considered the contents of personal affidavit of Sri Vikash Kumar Pandey, Assistant Commissioner of Police, Krishna Nagar, Police Commissionerate, Lucknow. The relevant paragraph nos. 8 to 11 is extracted hereinunder:- "8. That after getting the aforementioned information/ evidence, the deponent has issued a notice under Section 94/179 B.N.S.S. to the Petitioner for recording his statement on or before 10.04.2025 in the compound of Police Station- Krishna Nagar, Police Commissionerate- Lucknow. On the said notice i.e. Annexure No.2 of the Writ Petition, the date was not mentioned before the signature of the deponent, however, due to cut-paste in the computer, April 2024 is mentioned on that notice, which was not intentional or deliberate. 9. That due to some typographical mistake, the date, month and year is not correctly mentioned on the notice for which, the deponent will take the caution and in future no any incomplete notices will be issued to anyone and he will personally verify the contents of the notices. 10. That the Investigating Agency has not made the Petitioner as an accused at this stage and he is required for recording his statement on the basis of the evidences available in the Case Diary as the C.D.R. and other evidence provided by the Informant/ Opp. Party No. 4 to the deponent during the course of investigation. 11. That the Petitioner may be directed by this Hon'ble Court for recording his statement he will present in the office of the deponent/ Assistant Commissioner of Police, Krishna Nagar, Police Commissionerate- Lucknow on 18.06.2025 in between 10:00 am to 02:00 pm." Upon due consideration of aforesaid as also the statement of learned Counsel for the petitioner that petitioner would appear on the date fixed, the present petition is disposed of with direction to the petitioner to appear on the date fixed i.e. 18.06.2025 between 10 AM to 2 PM before the officer concerned, who shall record the statement of the petitioner and immediately thereafter the petitioner would be set free. With the aforesaid, the petition is disposed of. Order Date :- 12.6.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench