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2025 DAILYLAW 147639 (ALL)

MOHD. SAMIM v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/5492/2025 · 2025-07-03

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37402-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5492 of 2025 Petitioner :- Mohd. Samim Respondent :- State Of U.P. Thru. Addl. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Arti Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following main prayer:- "issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 05.06.2025 lodged as Case Crime/F.I.R. No.0212/2025, Under Sections-109(1)/352/351(3) B.N.S. & Section 3/25 Arms Act, Police Station- Lalganj, District- Pratapgarh, contained as Annexure No.1 to this writ petition." 3. It has been submitted by learned counsel for the petitioner that the petitioner is completely innocent and has been deliberately falsely implicated by the co-accused, who was caught on the spot after being injured by the Police party in an attempt to run away. 4. It has been submitted that co-accused has named the petitioner because co-accused is the neighbour of the petitioner and has enmity with him. 5. We have gone through the contents of the F.I.R. which give details regarding the persons who were caught by the Police. Illegal arms and ammunition were also recovered. The injured accused had named the petitioner as one of the members of the gang who had run from the Police. 6. Learned A.G.A. has opposed the prayer for quashing of the First Information Report by saying that the petitioner has a criminal history of six cases as recorded in the NCRB and submitted that cognizable offence is made out against the petitioner in the impugned F.I.R., therefore, the present writ petition is liable to be dismissed. 7. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R. which details the nabbing of criminals by the Police after a gun fight, we are of the opinion that the impugned F.I.R. discloses cognizable offence by the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed. Order Date :- 3.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench