CHANDRA SHEKHAR YADAV v. STATE OF U.P. THRU. CHIEF SECY. HOME LKO. AND 3 OTHERS
CRLP/6286/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 151204 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151204 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41491-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6286 of 2025 Petitioner :- Chandra Shekhar Yadav Respondent :- State Of U.P. Thru. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rakesh Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. (1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the Opposite party nos.1, 2 & 3. (2) In view of the order proposed to be passed issuance of notice to the Opposite party no.4 is dispensed with. (3) This petition has been filed by the petitioner for the following prayers:-
" Wherefore, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to- I) Issue a writ order or direction in the nature of writ of Certiorari quashing the impugned first information report dated 02.07.2025 registered as F.I.R. No.0090 of 2025, under Sections 351(3), 352, 109, B.N.S. 2023, P.S. Shivgarh, District. - Sultanpur, as contained in Annexure No.1 to the writ petition. II) Issue a writ order or direction in the nature of writ of MANDAMUS thereby commanding to opposite parties particularly the opposite party nos. 2 and 3 not to arrest the petitioner or take any coercive measures against petitioner in Crime No.0090 of 2025, under Sections 351(3), 352, 109, B.N.S. 2023, P.S. -Shivgarh, District Sultanpur, during pendency of the present writ petition in pursuance of impugned F.I.R. in the interest of justice III) Issue a writ order or direction in the nature of writ of MANDAMUS thereby commanding to opposite party no.2, initiate inquiry and summoning the petitioner mobile location CDR and CCTV footage also police station Shivgarh, District Sultanpur, in false registered F.I.R. IV) Issue such other writ, order or direction by this Hon'ble Court which may deem fit, just & proper in favour of the petitioner with a view to prevent the abuse of process of Law and otherwise to
secure the ends of justice V) Allow this writ petition with cost." (4) It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has been falsely implicated in the impugned F.I.R. due to another accused that is his uncle Shiv Lal Yadav and the informant having long running enmity between them.
One F.I.R. No.0061 of 2025, under Sections 3(5), 316(2), 115(2), 352, 351(3) B.N.S. 2023 was lodged against the petitioner's uncle Shiv Lal Yadav on 25.05.2025. The petitioner is doing a private job in a construction firm. (5) It has been submitted that only because of enmity with the uncle of the petitioner he has been roped in as an accused. (6) Learned A.G.A. has produced a copy of the instruction sent by the Sub-Inspector Shri Sushil Kumar Nirmal of Police Station Shivgarh, District Sultanpur, wherein it has been stated that the petitioner has criminal history of seven cases as is evident from the document dated 13.07.2025 issued by the Incharge D.C.R.B., Sultanpur. (7) This Court has perused the F.I.R. which discloses commission of cognizable of offence against the petitioner, hence, no interference is required in the matter. (8) The writ petition stands dismissed. Order Date :- 21.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench