JIBRAIL @ BABA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/5878/2025 · 2025-07-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149037 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149037 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37567-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5878 of 2025 Petitioner :- Jibrail @ Baba Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Mohd. Haroon 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 main prayer:-
"(i). issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report lodged by the opposite party no.4 against the petitioner on 22.05.2025 in case crime no.256 of 2025 under sections 305(a), 331(4), BNS at Police Station Padua, District Lakhimpur Kheri as annexure no. 1 and during investigation section 317(2) has been added. The recovery memo is annexed as Annexure no. 2 to this writ petition."
3. It is submitted by learned counsel for the petitioner that initially FIR was lodged against unknown persons by informant-opposite party no.4. After registering of FIR, in the course of investigation, two of the accused persons were caught by the police on 06.06.2025 and during investigation, they have named the petitioner. It is submitted that the petitioner is completely innocent and he has been falsely implicated.
4. On a specific query being made by the Court to the
learned counsel for the petitioner, as to whether there was any prior enmity with two accused who were caught by the police, learned counsel for the petitioner could not give any satisfactory reply.
5. Whether or not petitioner was actually involved in the theft of jewellery and valuables etc., of respondent no.4 it can be seen only at the time of trial when it is evaluated.
6. We find no good ground to show interference as prayed for in this writ petition.
7. The writ petition is dismissed.
Order Date :- 3.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench