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2025 DAILYLAW 149284 (ALL)

VIKAS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6019/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39020-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6019 of 2025 Petitioner :- Vikas Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Subhash Kumar,Seema Kashyap,Virendra Pratap Singh 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 and learned A.G.A. 2. This petition has been filed with the following main prayers:- "a. Issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 30.05.2025, as Case Crime No.0177/2025, under section 333, 75(2), 351(3) BNS & section 7/8 POCSO Act, Police Station-Purwa, District-Unnao, as contained in Annexure No.1, to this writ petition. b. Issue a writ, order or direction in the nature of mandamus commanding the opposite party nos. 1 to 3 not to arrest the petitioner in pursuance of the impugned F.I.R." 3. Learned counsel for the petitioner submits that all the sections that have been invoked against the petitioner carrying a punishment of upto 7 years of imprisonment, therefore, the petitioner is entitled to get the benefit of directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. 4. Sri Ram Mohan Mishra, has filed power on behalf along with counter affidavit on beahlf of the informant in which it has been stated that during the course of investigation Section 64 BNS has been added. 5. Learned A.G.A. has produced before this Court instructions sent by Shiv Prakash Pandey, Inspector Crime Branch, District- Unnao wherein it has been stated that Section 75 (2) BNS and Section 7/8 of the POCSO Act have been deleted during course of investigation and on the basis of educational certificates of the victim Section 65 (2) BNS and Section 3/4 of the POCSO Act have been added. Now, the investigation is being carried out under Section 333, 65 (2), 351 (3) BNS and Section 3/4 of the POCSO Act. The instructions are taken on record. 6. Since the educational certificates of the victim have been examined and it also appears that statements of the victim under Section 180 and 183 BNSS have been recorded, we do not find any good ground to show interference. 7. The writ petition is, accordingly, dismissed. Order Date :- 9.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench