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2025 DAILYLAW 151322 (ALL)

PRAKASH @ PRAKASH CHANDRA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6340/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41855-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6340 of 2025 Petitioner :- Prakash @ Prakash Chandra Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Vivek Chandra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State. 2. This writ petition has been filed with the following main prayer:- "(i) issue writ, order or direction in the nature of certiorari to quash the impugned first information report dated 02.07.2025 lodged by the opposite party no. 4 against the petitioner as FIR No.0225 of 2025, under Sections 103(1), 140 (2), 238 BNS Police Station Jaidpur, District Barabanki, contained herewith as Annexure no. 1 to this writ petition." 3. It has been submitted by learned counsel for the petitioner that the opposite party no. 4 has lodged the impugned FIR by way of making an application under Section 173(4) of the BNSS before the Magistrate concerned. The impugned FIR discloses no offence to be committed by the petitioner and the petitioner is completely innocent and has been falsely implicated in the present case. 4. We have gone through the FIR and we find that there is a specific reference of Ram Harak being taken away in white car by Prakash son of Keshav Ram and his two accomplices. Thereafter, the victim died and his body was also disposed of without intimation being given to his family. A cognizable offence is made out from perusal of the FIR. We find no good ground to show interference. 5. The writ petition is dismissed. Order Date :- 22.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench