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2025 DAILYLAW 147984 (ALL)

PRAMOD KUMAR SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/5632/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36950-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5632 of 2025 Petitioner :- Pramod Kumar Singh 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 Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the State- respondent nos.1, 2 and 3 and Shri Jay Prakash Singh 'Vats', who has filed his Power on behalf of the complainant- Respondent no.4. 2. This petition has been filed by the petitioner for the following prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR No.131 of 2025, under Sections 137(2), 64(1) BNS and Section 3/4 POCSO Act, P.S. Patti, District Pratapgarh, dated 05.05.2025 as contained in Annexure-1 to this writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities not to arrest the petitioner on the basis of the impugned FIR dated 05.05.2025 lodged by the Respondent no.4 bearing FIR No.131 of 2025, under Sections 137(2), 64(1) BNS and Section 3/4 POCSO Act, P.S. Patti, District Pratapgarh. iii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent no.3 to conduct free, fair and impartial investigation in FIR dated 05.05.2025 lodged by the Respondent no.4 bearing FIR No.131 of 2025, under Sections 137(2), 64(1) BNS and Section 3/4 POCSO Act, P.S. Patti, District Pratapgarh." 3. It has been submitted by the counsel for the petitioner that the petitioner has not been named in the FIR. The complainant is habitual of filing false First Information Reports as earlier also he had filed the FIR bearing F.I.R. No.0043 of 2025 on 16.02.2025 alleging that the accused had abducted her daughter, who was 16 years old. In the said F.I.R. the petitioner was not named as an accused. The Final Report has been submitted by the police in the said FIR. Now the second FIR has been lodged by the complainant with regard to alleged abduction of her second daughter. 4. Learned A.G.A. on the basis of instructions has stated that the statement of the girl under Section 164 Cr.P.C. [Now Section 183 of the BNSS] has been recorded. A copy of the Case Diary and the relevant Statement under Section 164 of the Cr.P.C. has been placed before this Court. 5. We have gone through the same. 6. We find no good ground to show interference at this stage, hence, the writ petition is dismissed. Order Date :- 1.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench