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2025 DAILYLAW 148303 (ALL)

AJAY JAYSWAL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/5698/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37241-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5698 of 2025 Petitioner :- Ajay Jayswal And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Anil Kumar 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, learned A.G.A. for the State Respondents and Sri Asheesh Kumar Shukla, Advocate who has filed his vakalatnama on behalf of the respondent no. 4, which is taken on record. 2. This petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 20.06.2025 lodged by the opposite party no. 4 against the petitioners which has been registered at Case Crime No. 0138/2025, Under Section 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 110, 324(4) B.N.S., Police Station- Leelapur, District- Pratapgarh, (so far it relates to the petitioners) (contained at Annexure No.1 to this writ petition) (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.1 to 3 not to arrest the petitioners in Case Crime No. 0138/2025, Under Section 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1), 110, 324(4) B.N.S., Police Station- Leelapur, District- Pratapgarh." 3. It has been submitted by learned counsel for the petitioners that the entire family members of the petitioners have been falsely implicated in the impugned F.I.R. which has been lodged after an altercation took place with regard to harvesting of Java Plum. 4. We have gone through the F.I.R. which indicates that atleast 2 people were injured, but no injury report has been filed. 5. Learned A.G.A. for the State Respondents has produced before this Court copy of the medico- legal examination report of the victims. It appears that several injuries have been caused, but such injuries are more or less confined to abrasions and contusions. There is no incised wound. 6. Nevertheless the fact that injuries have been caused to the respondent and his family members in the altercation which took place between the parties is established from the said injury report, which is kept on record. 7. We find no good ground to show interference. 8. Accordingly, the writ petition stands dismissed. Order Date :- 2.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench