HAFIJUDDIN @ GUJHIYA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 4 OTHERS
CRLP/5789/2025 · 2025-07-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148433 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148433 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37005-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5789 of 2025 Petitioner :- Hafijuddin @ Gujhiya Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Suresh 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. and Sri Lav Kush Pandey, who has filed power today on behalf of the respondent nos. 4 and 5.
2. The present petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 18.04.2025 on the basis of compromise dated 21.06.2025 both the parties in Case Crime No/FIR No. 0175/2025, U/S- 109(1) B.N.S., Police Station Police Station-Chinhat, District-Lucknow East (Commissionerate Lucknow) against the petitioner, as contained in Annexure No. I to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite party no.2 and 3 not to arrest the petitioners on the basis of impugned First Information Report."
3. It has been argued by the learned counsel for the petitioner that respondent no. 4 and 5 have entered into compromise along with petitioner, original copy of which has been annexed as Annexure No. 3 to the writ petition.
4. Sri Luv Kush Pandey, learned counsel for the respondent nos. 4 and 5 has not disputed such contention being made by the learned counsel for the petitioner.
5. In view of admission made by learned counsel for the respondent nos. 4 and 5, this petition is disposed of with a direction to the petitioner and the respondent nos. 4 and 5 to appear before the Investigating Officer concerned along with the original copy of compromise on 7.7.20025 at 2:00 p.m. at
Police Station- Chinhat, District- Lucknow East, who shall verify the compromise and file an appropriate report before the Magistrate concerned thereafter. Till 7.7.2025, the petitioner shall not be arrested in pursuance of the impugned F.I.R. This direction to the petitioner will be continued subject to his appearance before the Investigating Officer concerned on 7.7.2025 as aforesaid. Order Date :- 1.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench