DHEERAJ NISHAD AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6386/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 151756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151756 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41557-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6386 of 2025 Petitioner :- Dheeraj Nishad And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Sandeep Kumar Ojha,Dilip Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard the learned counsel for the petitioner and the learned A.G.A. for the State. 2. Present petition has been filed with the following prayer:-
"I. Issue a writ, order, or direction in nature of CERTIORARI thereby to quash the First Information Report dated 17.06.2025 bearing Case Crime No. 324 of 2025 under Sections 115(2), 352, 126(2), 109 of B.N.S., 2023, lodged by the opposite party No. 4 at Police Station Kadipur, District Sultanpur lodged by opposite party No. 04, so far relates to the petitioner, annexed as annexure No. 01 to the writ petition. II. Issue a writ, order, or direction in the nature of MANDAMUS commanding the Opposite Parties not to arrest or harass the petitioner on the basis Report of the impugned First Information mentioned above, annexed as Annexure No. 01 to the writ petition."
3. It has been submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has been falsely implicated in the impugned FIR. The story as mentioned in the FIR is highly improbable and unnatural. 4. The learned AGA has pointed out Annexure No.3 to the petition which is a Bed Head Ticket of one Ranjeet, who has been referred by Community Health Centre, Kadipur, Sultanpur and the diagnoses that has been mentioned is alleged case of suspected fire arm injury in left leg. This Annexure of Bed Head Ticket is of an Autonomous State Medical College, Sultanpur. 5. The intensity or gravity of the alleged incident may be decided by the trial Court but from a perusal of the contents of
the FIR, a cognizable offence is made out. 6. We do not find any good ground to interfere in the present case. 7. The petition is accordingly dismissed
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(Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench