ABHISHEK TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/5400/2025 · 2025-06-25
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147228 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147228 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36344-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5400 of 2025 Petitioner :- Abhishek Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shivendra S Singh Rathore,Abhishek Upadhyay,Bhavesh Chandel,Sachin Upadhyay Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Supplementary affidavit filed today on behalf of the petitioner is taken on record.
2. Heard Sri Santosh Kumar Mishra, Sri Raghvendra Ojha,
learned counsel for the petitioner, learned A.G.A. for the State respondent, Sri Ambrish Singh Yadav, learned counsel for the respondent no. 4 and perused the record.
3. The FIR in question is sought to be quashed being FIR No. 0257 of 2025.
4. The main argument of the counsel for the petitioner is that even in terms of the FIR, the only role assigned to the petitioner was that of hatching a conspiracy and no allegation of causing injury was alleged in the FIR. It is argued that the petitioner is a student appearing for CLAT Examinations and was at Lucknow on the date in question. It is further argued that a pending land dispute is going on in between the parties.
5. Without going into the merits of the allegation leveled in the FIR, prima facie, no specific allegation of causing the offence under Section 307 IPC has been leveled against the petitioner.
6. Learned A.G.A. informs that the investigation is going on and three accused have been arrested.
7. Considering the fact that there is no specific
allegation against the petitioner, the present petition is disposed off observing that no coercive action shall be taken against the petitioner till the filing of the police report under Section 193(3) B.N.S.S. (Kshitij Shailendra, J) (Pankaj Bhatia, J)
Order Date :- 25.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench