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2025 DAILYLAW 151574 (ALL)

MOHAMMAD DANISH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6359/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42087-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6359 of 2025 Petitioner :- Mohammad Danish And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Suresh Kumar Yadav,Poonam Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Vakalatnama filed by Shri Anurag Singh, Advocate on behalf of opposite party no.3 today is taken on record. Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Anurag Singh, learned counsel for the opposite party no.3. This petition has been filed by the petitioner with the following main prayer : "(i) Issue a writ in the nature of certiorari for quashing the impugned FIR dated 01.07.2025 vide Case Crime No.268 of 2025, under Sections 109, 115(2), 352, 351(3), 3() of BNS lodged at Police Station Ram Sanehi Ghat, District Barabanki. (ii) Issue a writ or direction in the nature of mandamus commanding the opposite party no.2 not to arrest the petitioners in the prsent case crime number." It has been submitted by learned counsel for the petitioners that the petitioners, twelve in number and belonging to the same family, have been falsely implicated in this case due to long- standing enmity with the opposite party no.3. It is alleged that opposite party no.3 has lodged a false F.I.R. against them claiming that on 30.06.2025 at about 6:00 P.M. the accused have assaulted and injured, Nzar Ali, Sayra bano, Wahid Ali and Mohd. Safik along with the other members of the family of opposite party no.3. Learned A.G.A. on the basis of instructions, has stated that all four persons named in the F.I.R., who are members of the family of the opposite party no.3 have sustained injuries including head injuries. Copies of Medico Legal Reports issued by Medical Officer, C.H.C., Ramsnehi Ghat, Barabanki have been enclosed. The said instructions are kept on record. In view of the submissions made by learned counsel for the parties and the allegations as stated in the F.I.R., we find no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 22.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench