LAXMIKANT PANDEY v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6130/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149846 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149846 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39090-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6130 of 2025 Petitioner :- Laxmikant Pandey Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Om Prakash Nag Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State. 2. The present writ petition has been filed with the following prayers:
"Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. Case Crime No.-0112 of 2025 U/S 3& 4 of the Prevention of Damage to Public Property Act, 1984, Registered at P.S. Bhiti, District-Ambedkar Nagar, lodged by informant / opposite party no. 4, contained as Annexure No.-1 to this writ petition. ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner on the basis of impugned First Information Report relating to F.I.R No.-0112 of 2025 U/s 3 & 4 of the Prevention of Damage to Public Property Act 1984, registered at P.S. Bhiti, District- Ambedkar Nagar, lodged by informant."
3. Learned counsel for the petitioner says that all the Sections invoked against the petitioner in the F.I.R. having a maximum punishment for the term up to seven years and the petitioner is entitled to get the benefit of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another. 4. Learned A.G.A. has produced before this Court instructions dated 09.07.2025 sent by Shri Brahm Prakash Srivastava, Sub Inspector, Police Station Bhiti, District Ambedkar Nagar, wherein it has been stated that the Charge Sheet No.A-103/25 dated 25.06.2025 has been prepared and sent to the supervisory authority on 25.06.2025.The instructions are taken on record. 5. The instructions indicate completion of the investigation by the Investigating Officer, therefore, this Court feels that no
fruitful purpose would be served by giving the benefit of Arnesh Kumar (supra) to the petitioner. 6. Since sufficient evidence has been collected, no interference is warranted by this Court. 7. The writ petition is, accordingly, dismissed. 8.
However, in case the charge-sheet has not been filed before the court concerned, it will be open for the petitioner to approach the Circle Officer concerned/supervisory authority, if he has some evidence in his favour. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench