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2025 DAILYLAW 148606 (ALL)

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

CRLP/5781/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36995-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5781 of 2025 Petitioner :- Pramod Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Prem Prakash Singh,Vivek Kumar Singh 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 AGA for the State. 2. This writ petition has been filed with the following two main prayers:- "(i). issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 16.06.2025 vide case crime no.0103 of 2025, under Sections 85, 115(2), 352, 351(3), 316(2), BNS and 3 (1) r, s, 3 (2) (v) of SC/ST Act, 1989 and Section 3/4 D.P. Act, 1961, Police Station Maharua, District Ambedkarnagar lodged against the petitioner contained as Annexure no.1 ; (ii). issue a writ, order or direction in the nature of mandamus directing the opposite party no. 2 and 3 not to arrest and not to take any action against the petitioner on the basis of impugned FIR dated 16.06.2025 vide Case Crime No.0103 of 2025, under Sections 85, 115 (2), 352, 351(3), 316(2) BNS and 3 (!) r, s, 3 (2) (V) of SC/St Act, 1989 and Section 3/4 D.P. Act, 1961, Police Station Maharua, District Ambedkar Nagar." 3. Learned AGA has produced before this court the instructions sent by Circle Officer, Bhiti, District Ambedkar Nagar, which is kept on record. From the said instructions, it is evident that investigation is going on and the statement of victim has been recorded under Section 180 of BNSS and she has supported the prosecution version and it is clear that involvement of accused petitioner in the alleged offence has been made out from the evidence collected till date. 4. We have gone through the impugned FIR which discloses a cognizable offence. Whether the petitioner was involved in taking away the victim, marrying her and living with her and then exploiting her sexually are all questions of evidence which are to be evaluated by the trial court. 5. We find no good ground to show interference as prayed for in this writ petition. 6. The writ petition is dismissed. Order Date :- 1.7.2025/Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench