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2025 DAILYLAW 148013 (ALL)

ASHARFI LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

CRLP/5592/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37245-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5592 of 2025 Petitioner :- Asharfi Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Petitioner :- Rajesh Yadav 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. By means of this petition, the petitioner has prayed for the following relief : "(i). issue a writ, order or direction in the nature of ceriorari quashing the impugned First Information Report dated 02.05.2025 lodged in Case Crime No.0126 of 2025, under Sections 3(5), 109, 115(2), 117(2) BNS, registered at Police Station Kudwar, District Sultanpur.". 3. It is submitted by learned counsel for the petitioner that petitioner having been falsely implicated in the impugned FIR. The prosecution story is that Arjun Prasad and the other family members had all been beaten up by lathi, danda and but of country made pistol. 4. It is the case of the petitioner that the main role of assault has been assigned to the father of the petitioner no.2 Arjun Prasad and respondent no.4 has made allegations against Arjun Prasad saying that he had beaten up the respondent no.4 i.e.complainant. The petitioners and respondent no. 4 are family members and due to enmity arising out of a pending civil suit no. 796 of 2025 (Nankau vs. Asharfi Lal and others) this false story has been concocted. 5. Learned AGA has disputed the contentions of learned counsel for the petitioners and produced the case diary wherein the injury report/medico-legal examination report of five victims have been enclosed. It appears that Nankau, Sita, Shani, Sunita and Khusboo at least five persons were injured. 6. In view of the injury report of the victims, this Court finds no good ground to show interference. The writ petition is dismissed. Order Date :- 2.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench