RAJAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/5221/2025 · 2025-06-16
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145991 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145991 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35570-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5221 of 2025 Petitioner :- Rajan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Pradeep Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. Learned counsel for the petitioner has argued that the allegations levelled in the F.I.R. are wholly false. It is however not in dispute that a cognizable offence on the plain reading of the F.I.R. is made out.
3. This Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India would not go into the correctness of the allegations which according to own showing of the petitioner do constitute a cognizable offence. However falsity of the allegation made in the F.I.R. is a defence which may be taken up for the purpose of bail and not for quashing of the F.I.R.
4. That being the position, we decline to entertain the writ petion with the liberty open to avail the remedy of anticipatory bail.
5. The writ petition is accordingly disposed of. . [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 16.6.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench