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2025 DAILYLAW 151480 (ALL)

MANISH YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

CRLP/6303/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41674-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6303 of 2025 Petitioner :- Manish Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Pawan Kumar,Dharmendra Raiquar,Seema Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This Writ Petition has been filed with the following relief(s): "Issue a Writ, Order or Direction in the nature of Certiorari quashing the impugned FIR registered as crime no. 0215 of 2025 on dated 01.0.7. 2025 at 16:39 hrs u/s 191(2),333,115(2),352,351(3),76 BNS, Police station Kakori Lucknow (U.P.) as contained in Annexure No. 1 to this Writ Petition so far it relates to the Petitioner”. 3. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the impugned FIR. It has been stated that on 14.06.2025, the petitioner came to know that the opposite party No. 4 and her husband are constructing a road over the land, which is ancestral property of the petitioner. They are also demolishing the wall adjacent to the property of the petitioner. When the petitioner opposed such action of the respondents, including opposite party No.4, a compromise occurred. However, they again started forcefully constructing the wall. After demolition of the wall, the petitioner approached the police station concerned and, in presence of the villagers, a compromise occurred. 4. The opposite party No.4 and her husband also promised to reconstruct the wall demolished by them, but they did not construct the said wall and on 21.06.2025 the petitioner constructed the same. After such compromise, the opposite party No. 4 and her husband assaulted the petitioner on June 22, 2025. The petitioner lodged a complaint in this regard on June 23, 2025. Now, the impugned FIR has been lodged as a counterblast. 5.Having gone through the contents of the FIR, a cognizable offense is made out, as the informant has stated that the petitioner, along with others, had attacked them in the house. They had to call Police Help Line No. 112, and the police had taken the husband of the petitioner to the hospital. From the Primary Health Center, he was referred to the Trauma Center. The FIR has also enclosed the medico-legal certificate and videography of the entire incident. 6. Learned AGA for the State has also referred to the instructions, sent by the Sub-Inspector/Investigating Officer of Police Station Kakori, District Lucknow dated 15.07.2025, wherein it has been stated that the statement of the victim under sections 180 and 183 of B.N.S.S. was taken and she has supported the prosecution story before the Magistrate concerned. 7. Having gone through the contents of the FIR and also the instructions, which are taken on record, we find no good ground for interference, as prayed for. 8. The writ petition is dismissed. (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench