SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS
CRLP/5981/2025 · 2025-07-08
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 149219 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 149219 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38793-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5981 of 2025 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Vikas Sharma,Mohd. Karim 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 A.G.A. for the State Respondents. 2. This petition has been filed with the following main prayers:-
"a) To issue a writ, order or direction in the nature of CERTIORARI to quash the impugned F.I.R. registered at case crime No. 0117 of 2025 U/S- 305(A), 331(2) BNS and relating to P.S.- Beniganj, District - Hardoi as contained in Annexure No.1 to this writ petition. b) To issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties not to adopt any coercive method against the petitioners in pursuance of the impugned false F.I.R."
3. It has been submitted by learned counsel for the petitioner that initially the opposite party no. 4 has lodged the F.I.R. against the unknown persons which was registered as Case Crime No. 0117 of 2025, the petitioner was not named in the F.I.R. It is only when the co-accused named the petitioner, the petitioner has made an accused, but he has not committed any offence under Sections 305(a) and 331(2) of the B.N.S.
4. Learned A.G.A. for the State Respondents has produced before this Court copy of instructions dated 04.07.2025 sent by Sri Ramanand Mishra,
Sub-Inspector of Police, Police Station - Beniganj, District- Hardoi wherein it has been stated that the petitioner has a long criminal history of 19 cases. The recovery of stolen goods was made from the co-accused who was injured in an attempt to arrest has named the petitioner. Kallu @ Sherealam has surrendered in Court on 12.06.2025 and has been sent on judicial remand even accused Sunil Passi has also surrendered in Court on 18.06.2025 and has also been sent on judicial remand. The petitioner however has evaded the arrest. 5. The written instructions are kept on record. 6.
Having gone through the criminal history obtained from the TCRP of the petitioner and also having gone through the detailed F.I.R. that has been lodged by Sri Ranjeet Bahadur, Constable, Police Station- Beniganj, District- Hardoi, we do not find any good ground to show interference in the impugned F.I.R.
7. Accordingly, the petition stands dismissed. Order Date :- 8.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench