JAI KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME MINISTRY LKO. AND OTHERS
CRLP/6283/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150496 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150496 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41605-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6283 of 2025 Petitioner :- Jai Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Ministry Lko. And Others Counsel for Petitioner :- Sunny Sharma,Aditya Prakash Sharma,Saurabh Sharma Counsel for Respondent :- G.A.,Pramod Kumar Yadav Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State Respondents and Sri Pramod Kumar Yadav, learned counsel for the caveator, who has filed counter affidavit today in Court, which is taken on record. 2. This writ petition has been filed with the following main prayers:-
"(I) To, issue a writ, order or direction in the nature of certiorari, thereby quashing the impugned First Information Report dated 15.05.2025 (as contained in Annexure No.1) in Case Crime No. 0156 of 2025, registered under sections 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Purwa, District- Unnao, Uttar Pradesh alongwith its consequential proceedings, in the interest of justice. (II) To, issue a writ, order or direction in the nature of mandamus, thereby, directing Respondent No.2 to 4 to provide protection to the petitioner and his family with respect to maintain peace at the properties of the petitioner and also with respect to the Case Crime No. 0156 of 2025, in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that the dispute that has been raised in the impugned F.I.R. is a purely civil dispute relating to the parentage of the petitioner. It has been alleged that the petitioner has forged documents to show himself to be the son of different persons. Regarding the same allegation the respondent no.5 has also filed a Civil Suit, bearing Case No. 100 of 2022, 'Jai Kumar Vs. Ajay Kumar Yadav
and Others', which is pending before the Civil Judge(Junior Division) Purwa, Unnao. 4. Learned counsel for the caveator has pointed out from annexure no. 1 of his counter affidavit that in the Transfer Certificate issued by the Basic Shiksha Parishad, the petitioner has shown himself to be the son of Putti Lal. He has also pointed out copies of the voter list which have been filed at pages no. 16 and 17 of the counter affidavit shown the name of the petitioner Jai Kumar S/o Putti Lal. 5.
Having gone through the annexures to the counter affidavit that has been filed by the contesting respondent and also the instructions sent from the Police Station concerned and the contents of the F.I.R., we find that the cognizable offence is to be made out against the petitioner. 6. Accordingly, the writ petition stands dismissed. Order Date :- 21.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench