DAYA SHANKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. /PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/6260/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151270 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42510-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6260 of 2025 Petitioner :- Daya Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- G.A.,Akshat Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the parties. Initially when the case was taken an order for filing supplementary was filed and in compliance of the order supplementary affidavit file today by the learned counsel for the petitioner is taken on record.
2. This petition has been filed with the following main prayers:-
"(i) issue, a writ order or direction in the nature of Certiorari quashing the impugned First Information Report dated 1.7.2025, lodged under Section 420, 409 I.P.C. which is registered as F.I.R. No.0451/2025 at Police Station Shahabad, District-Hardoi, contained in Annexure No. 1 to this writ petition. (ii) issue, a writ order or direction in the nature of Mandamus commanding the respondents not to arrest the petitioner in pursuance of impugned First Information Report dated 1.7.2025, lodged under Section 420, 409 I.P.C. which is registered as F.I.R. No.0451/2025 at Police Station- Shahabad, District-Hardoi, contained in Annexure No.1 to this writ petition."
3. Learned counsel for the petitioner submits that it is evident from the typed copy of the report sent by the Block Development Officer, Shahabad, District- Hardoi through the CDO, Hardoi dated 30.6.2025 that the news published in the newspaper was incorrect and no proposal was there to construct a drain from the house of Shravan Kumar to Alela Pulia in the village concerned.
4. We have gone through the report dated 30.6.2025, which also says that a Work ID was 68312381 of Gram Panchayat
Sharma Fatteypur was examined for the Financial Year 2022-23 and a supplementary Karya Yojna showed construction of Nali from Alela Pulia to Mahipal House, however, no construction had taken place but an amount of Rs. 69,033/- was taken out of the Gram Nidhi Khata funded by the 15 Finance Commission.
5. We do not find any good ground to show interference in the impugned F.I.R.
6. The writ petition is accordingly dismissed. Order Date :- 24.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench