ADARSH SINGH @ RAJ SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6439/2025 · 2025-07-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151928 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41847-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6439 of 2025 Petitioner :- Adarsh Singh @ Raj Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Singh,Ravi Kant Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3. (2) In view of the order proposed to be passed, issuance of notice to the Opposite party no.4 is dispensed with. (3) This petition has been filed by the petitioner for the following main prayer:-
"1) To issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 13.05.2025 as F.I.R. No.099 of 2025, under Sections 109/115(2)/127(2)/ 191(3)/ 352/3(5) of B.N.S. at Police Station Jamo, District Amethi, only so far it relates to petitioner contained as Annexure No.1 to this writ petition." (4) It has been submitted by the learned counsel for the petitioner that initially the petitioner was not named in the F.I.R. Subsequently, during the course of investigation the co-accused has made a statement, a copy of which has been filed as Annexure-6 to the petition wherein a mention has been made of the name of the petitioner. Certain sections have also been added during the course of investigation. (5) On a specific query being made by the Court regarding the reason for the co-accused naming the petitioner as involved in the theft as alleged in the F.I.R., the counsel for the petitioner could not give a satisfactory reply. From a perusal of Annexure-6 which is a report
submitted by the Investigating Officer to his superior, it is evident that during the course of investigation the name of the petitioner has come to light and Sections 3(5), 191(2), 191(3), 127(2) and 109 of B.N.S. have been added and a report regarding the same has been submitted. (6) This Court has perused the F.I.R. which discloses commission of cognizable of offence against the petitioner, hence, no interference is required in the matter. (7) The writ petition stands dismissed. Order Date :- 22.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench