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2025 DAILYLAW 151398 (ALL)

RAJ SINGH URF GOPI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6326/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41796-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6326 of 2025 Petitioner :- Raj Singh Urf Gopi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dhirendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record. 2. The writ petition has been filed with the following prayers:- "(i) issue a writ, order or direction in the nature of Certiorari qushing the impugned First Information Report at FIR No- 286/2025 under section 191(2)/109(1)/115(2)/352/351(3) BNS And section 3(2)(V) SC ST Act P/S Mill Area District Raebareli, lodged on 08/07/25, as contained in Annesure No.1 to this Writ petition, upto the extent of the petitioners, (ii) issue a writ, order or direction in the nature of the Mandamus commanding the opposite parties not to take any action against the petitioners and not to harass and arrest him in connection with FIR at FIR No-286/2025 under section 191(2)/109(1)/115(2)/352/351(3) BNS And section 3(2)(V) SC ST Act P/S Mill Area District Raebareli, lodged on 08/07/25, as contained in Annexure No. I to this " 3. It has been submitted by the learned counsel for the petitioners that on 5.7.2025 some scuffle had taken place between the petitioner and the complainant due to parking of vehicle at Naresh Hotel Ratapur Raebareli. The complainant being annoyed has falsely implicated the petitioner in the impugned F.I.R. The petitioner was not even present at the time when the incident was happened. The dispute related only to parking of vehicle. The essential ingredients for invoking Section 109 BNS are not made out from a perusal of the F.I.R. 4. We have gone through the F.I.R. It appears from perusal of the same that cognizable offence has been disclosed. The informant's nephew- Gaurav has been hit on the head by iron rod and later beaten up with 'Danda' as a result whereof he suffered grievous injury. The Police of Police Station- Mall Area arrived on the scene and took the nephew of the informant to the District Hospital where he was referred to AIMS/Lucknow Medical College for further treatment. 5. Learned A.G.A. has produced before this Court, instructions, copy of case diary including bed head ticket of Raja Beni Madhav Singh District Hospital Raebareli wherein it has been stated that there is an assault injury as a facial swelling and left side multiple fracture and the patient has been referred to AIMS/KGMU for further treatment 6. The instructions along with copy of the case diary are kept on record. 7. Since the F.I.R. does disclose a cognizable offence and the petitioner admits that scuffle did take place on 5.7.2025, we do not find any good ground to show interference as prayed for. 8. The writ petition is accordingly dismissed. . .[Brij Raj Singh, J.] [Sangeeta Chandra,J.] Order Date :- 22.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench