ARUN KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
CRLP/6133/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150311 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150311 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39148-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6133 of 2025 Petitioner :- Arun Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Abhishek Srivastava 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 prayer:
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned first information report dated 02-07-2025 bearing FIR No. 0243/2025 under section 316(2) BNS, 2023 & 2/3 The Prevention of Damage to Public Property Act, 1984 lodged at Police Station Pihani, District Hardoi lodged by opposite party no. 4 against the petitioner.."
3. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R.. The Block Development Officer, Hardoi has lodged the impugned F.I.R. at the behest of the former Sabhasad.
4. We have gone through the contents of the F.I.R. and we find from the same that a complaint was received by the Previous Sabhasad with regard to conduct of the representative of current Sabhasad i.e. the petitioner himself. A local inspection was
directed by the District Magistrate, Hardoi at Primary School, Chhipi Tola, City- Pihani, District-Hardoi. In pursuance of the said direction the Basic Education Officer along-with B.D.O. and E. O. Nagar Palika, Pihani, Hardoi inspected the school. During inspection it was found that Arun Gupta who is the nephew of the present Sabhasad and claims to be her representative had removed the interlocking tiles in the courtyard of the school and given it to one Hari Kishor Hari for personal use. The interlocking tiles were actually found outside the house of Hari Kishor Hari. The cook of the aforesaid school had also informed about the petitioner Arun Gupta. It has been alleged in the impugned F.I.R. that Arun Gupta has obtained no permission for the removal of interlocking tiles from the compound of the primary school. There was no approval to the proposal of laying of new interlocking tiles in the premises of
the school, therefore, the old could not be removed.
5. Having gone through the contents of the F.I.R., which has been lodged by the Block Development Officer after due inspection, in which the Basic Education Officer along-with B.D.O. and E. O. Nagar Palika, Pihani, Hardoi were present.
6. We find that a cognizable offence is made out. There is no need to show interference.
7. The writ petition is, accordingly, dismissed. (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