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2025 DAILYLAW 146929 (ALL)

MOHAMMAD CHAND v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO AND OTHERS

CRLP/5364/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36154-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5364 of 2025 Petitioner :- Mohammad Chand Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And Others Counsel for Petitioner :- Shailendra Kumar Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Supplementary affidavit filed by learned counsel for the petitioner and counter affidavit filed by learned counsel for complainant taken on record. 2. Heard learned counsel for the petitioner, Shri Manoj Sahu, who appears for the complainant and learned A.G.A. for the State. 3. The present writ petition has been filed by the petitioner seeking quashing of the first information report dated 17.05.2025 being Case Crime No. 132 of 2025, under Sections 74, 64, 351(3) of BNS and 3/4 of Protection of Children from Sexual Offences Act, Police Station Matera, District Bahraich. 4. The averment of the petitioner is that on account of land dispute, false proceedings have been initiated. 5. Learned counsel for the complainant has filed documents on record to demonstrate that the petitioner has filed an anticipatory bail application before the sessions court at Bahraich, which has been rejected by order dated 12.06.2025. The said fact has not been disclosed in the writ petition. 6. The statements under Sections 180 and 183 BNSS on record, prima facie disclose commission of offence. 7. Considering the material on record as well as material concealment of facts, we do not find any reason to exercise writ jurisdiction for quashing of first information report. 8. The instant writ petition lacks merit and is, accordingly, dismissed. 9. However, the petitioner would be at liberty to avail remedy as may be available under the law to him. Order Date :- 24.6.2025 Sazia (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad, Lucknow Bench