AMIT KUMAR ALIAS AMIT THAKUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/5120/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 145604 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145604 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35277-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5120 of 2025 Petitioner :- Amit Kumar Alias Amit Thakur And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ishan Baghel,Nishchal Verma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners, learned AGA for the State of U.P. and perused the record. The present petition has been filed for the following main relief:-
"(i) to quash the impugned summoning order dated 04.10.2023 passed by Learned Chief Judicial Magistrate, Gonda, in Case No. 19389/2023, State Vs. Raghav Ram & others in Case Crime No. 483/2022 U/S. 420, 467, 468, 471, 120B I.P.C., Police Station- Karnailganj, District-Gonda only for relates to the applicant, as contained Annexure No. 1 to this application. (ii) to quash the impugned Charge Sheet No. 1 dated 10.05.2023 arising out of Case Crime No. 483/2022 U/S. 420, 467, 468, 471, 120B I.P.C., Police Station- Karnailganj, District-Gonda only for relates to the applicant, as contained Annexure No. 2 to this application."
Learned Counsel for the petitioner submitted that in the matter of co-accused namely Rachit Mehrotra this Court vide order dated 27.05.2025 in Criminal Misc. Writ Petition No.-4419 of 2025, passed the following order:-
"1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. Petitioner has approached this Court for a mandamus, directing opposite party no.3-Station House Officer, Police Station Nawabganj, District Gonda to record the statement of petitioner with regard to F.I.R. Nos.402 and 411 of 2024.
3. Submission of learned counsel for the petitioner is that the petitioner is having anticipatory bail in both the first information reports and he wants to get his statement recorded, but the Station House Officer, Police Station Nawabganj, District Gonda is purposely not getting his statement recorded.
4. Looking into the facts and circumstances of the case, it is provided that the petitioner shall appear in the office of opposite party no.2-Superintendent of Police, Gonda on 29.5.2025 at 11:00 a.m. and on that time, opposite party no.3-Station House Officer, Police Station Nawabganj, District Gonda shall also be there in the office of Superintendent of Police, Gonda and shall record the statement of petitioner over there.
5. The Superintendent of Police, Gonda shall ensure compliance of the order and submit a compliance report before this Court by 3.6.2025.
6. List this case on 3.6.2025." Thereafter, on 03.06.2025 in Criminal Misc. Writ Petition No.-4419 of 2025, this Court has passed the following order:-
"1. Heard Sri Dipesh Singh holding brief of Sri Ishan Baghel, learned counsel for the petitioner and learned AGA for the State.
2. Learned counsel for the petitioner requested that prayer made in the writ petition has been complied with, therefore, he is willing to not press this petition.
3. Accordingly, the writ petition is dismissed being not pressed." It is stated that present petitioners may also be given same benefit. The aforesaid prayer has not been opposed. Ordered accordingly.
Order Date :- 11.6.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench