DINESH KUMAR YADAV AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/5722/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148257 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148257 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36608-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5722 of 2025 Petitioner :- Dinesh Kumar Yadav And 5 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Pankaj Kumar Tiwari,Shiv Sinha Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned petitioners and the learned AGA for the State- respondents.
2. The present petition has been filed seeking quashing of First Information Report dated 23.01.2025 registered as Case Crime No.15 of 2025, under Sections 191(2), 115(2), 110, 333, 351(3) B.N.S., P.S. Mandhata, District Pratapgarh.
3. Learned counsel for the petitioners submits that consequent to the FIR lodged at the instance of the wife of petitioner no.2, the impugned FIR has been lodged. He has drawn attention on the medical examination report which indicates simple injury. It has been submitted that no offence punishable under Section 115(2) of B.N.S. can be said to be made out.
4. Considering the nature of injuries as indicated in the medical report, prima facie, the contention appears to be correct.
5. The petition is, accordingly, disposed of holding that no coercive action shall be taken against the petitioners till submission of police report under Section 193(3) of B.N.S.S. subject to their co-operation in the investigation. Order Date :- 26.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench