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2025 DAILYLAW 147870 (ALL)

AMIT @ AMIT KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLP/5576/2025 · 2025-06-30

Alok Mathur, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36799-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5576 of 2025 Petitioner :- Amit @ Amit Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Deepak Kumar Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J. Heard Sri Deepak Kumar, learned counsel for the petitioners and learned A.G.A. for the State. By means of this petition, the petitioners have prayed for quashing the impugned First Information Report lodged by the opposite party no.3 as F.I.R. No.243 of 2025, under Sections 109, 352, 351(3), 115(2) B.N.S., Police Station Safdarganj, District Barabanki. We have perused the First Information Report lodged by the complainant. All the accused persons have been ascribed role of assaulting the injured persons with lathi, spade iron rod and banka. Coloured photographs have been annexed by the petitioners indicating injuries sustained by petitioner no.2 and her minor daughter. It is submitted that the allegation made in the F.I.R. are false and fabricated. Only that the petitioners have been ascribed lessor role and injuries have been sustained by the petitioner no.2 and her minor daughter, it cannot be said that the no offence is made out against the petitioners and, accordingly, considering the guidelines laid down by the Hon'ble Supreme Court in the Case of State of Haryana Vs. Bhajan Lal, reported in 1992, AIR 604, no interference can be made in the present case. Accordingly, for the reasons aforesaid, we are not inclined to interfere in the instant matter. The writ petition being devoid of merit is dismissed. Order Date :- 30.6.2025 Ram Murti (Shree Prakash Singh, J.) (Alok Mathur, J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench