AQEEL AHMAD v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/5369/2025 · 2025-06-23
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147213 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147213 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36082-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5369 of 2025 Petitioner :- Aqeel Ahmad Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Anamika Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.03.2025 registered as Case Crime No. 82 of 2025, under Sections 191(2), 191(3), 190, 109(1), 352, 351(3), 121(1), 131, 132, 125, 3(5), 115(2) B.N.S. and 7 Criminal Law Amendment Act, 2013, Police Station Raniganj, District Pratapgarh and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
4. Assailing the impugned FIR, learned counsel for the petitioner submits that general allegations have been levelled against a mob which gathered on the spot on the relevant date of incident. Submission is that the petitioner has no concern with the alleged incident and he is the resident of different village. It is also urged that there is no specific allegation against the petitioner, however the police is harassing the petitioner. It is also contended that ten members of the family of the deceased were arrested, out of whom six persons have
already been granted bail and the petitioner has been falsely implicated in the matter and, therefore, the present petition has been filed.
5. Learned A.G.A. submits that during investigation, petitioner's photograph was clicked by using mobile phone and, therefore, he is wanted in the aforesaid case.
6. Considering the nature of allegations and submissions made, we are convinced that the petitioner is entitled for interim protection till conclusion of the investigation.
7. The instant writ petition stands disposed of with the direction that the petitioner shall not be arrested till submission of police report under Section 193(3) of B.N.S.S. 2023 subject to his co- operation in the pending investigation. Order Date :- 23.6.2025 Sazia (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad, Lucknow Bench