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2025 DAILYLAW 150255 (ALL)

KAUSHAILENDRA YADAV ALIAS SHIVAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6144/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39422-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6144 of 2025 Petitioner :- Kaushailendra Yadav Alias Shivam Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Bharat Kumar Dixit 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 thereby quashing the impugned First Information Report lodged by the Opposite Party No. 4 on the basis of false and fabricated facts on 07.08.2024 at Case Crime No. 372 of 2024, under Sections 70(2), 126(2), 115(2), 352, 351 (2) BNS, Section 5/6 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Lalganj, District Rae Bareli (Annexure No. 1), and (ii). Issue a writ, order or direction in the nature of Mandamus thereby restraining the Opposite Parties Nos. 1, 2 and 3 from taking any coercive action against the Petitioner in connection to the impugned First Information Report lodged by the Opposite Party No. 4 on the basis of false and fabricated facts on 07.08.2024 at Case Crime No. 372 of 2024, under Sections 70(2), 126(2), 115(2), 352, 351 (2) BNS, Section 5/6 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Lalganj, District Rae Bareli (Annexure No. 1)." 3. It has been submitted by learned counsel for the petitioner that the petitioners have been falsely implicated in the impugned FIR. There is no incident as has been mentioned in the impugned FIR has ever occurred. 4. Learned AGA has pointed out the statement of the victim taken under Section 183 of BNS. One of the victim is only 14 years of age and has supported the prosecution case. 5. Learned AGA has produced the instructions before this Court sent by Sub-Inspector Police Station Lalganj, District Raibareli saying that the two victims were produced before the Civil Judge, (Senior Division), FTC, Raibareli on 09.08.2024 and statement under Section 183 BNS has supported the prosecution story. Instructions are kept on record. 6. Having gone through the FIR, we find that cognizable offence is made out as such there is no need to interfere in the writ petition. 7. The writ petition is dismissed. Order Date :- 9.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench