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2025 DAILYLAW 152143 (ALL)

RUSTAM ALI KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND OTHERS

CRLP/6443/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42032-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6443 of 2025 Petitioner :- Rustam Ali Khan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Amar Nath Dubey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsnel for the petitioner and learned A.G.A. for the State-respondents. 2. This writ petition has been filed with the following prayers: “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 17.06.2025 lodged by the opposite party No. 4 in F.I.R. No. 269/2025 under Section-3(5), 351(2), 352, 109, 110 B.N.S. 2023 and Section-7 Criminal Law Amendment Act 1932 and Section-30 Arms Act, Police Station-Kotwali City, District- Pratapgarh, so far relates to the petitioner, as contained in Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 1, 2 and 3, not to arrest the petitioner in pursuance of the impugned First Information Report dated 17.06.2025 lodged by the opposite party No. 4 in F.I.R. No. 269/2025 under Section-3(5), 351(2), 352, 109, 110 B.N.S. 2023 and Section-7 Criminal Law Amendment Act 1932 and Section-30 Arms Act, Police Station-Kotwali City, District- Pratapgarh, in the interest of justice. (iii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 1, 2 and 3, not to take any coercive measure against the petitioner and his family members in pursuance of the impugned First Information Report dated 17.06.2025 lodged by the opposite party No. 4 in F.I.R. No. 269/2025 under Section-3(5), 351(2), 352, 109, 110 B.N.S. 2023 and Section-7 Criminal Law Amendment Act 1932 and Section-30 Arms Act, Police Station-Kotwali City, District- Pratapgarh, in the interest of justice.” 3. It has been submitted by learned counsel for the petitioner that the petitioner is not involved in the alleged incident which took place on 17.6.2025 at about 9.00 A.M.. He was in his own shop; his name has also not been mentioned in the F.I.R. Later on, the police have added his name in connivance with the injured victims. 4. Learned A.G.A. on the basis of detailed instructions sent by the In-charge Inspector/ Investigating Officer of Police Station Kotwali Nagar, District Pratapgarh, says that initially the F.I.R. was lodged against some named and several unnamed persons regarding incident of beating with an iron rod and also firing, which resulted in injuries to three victims. During the course of the investigation, the statements of the injured victims were taken, and also the C.C.T.V. footage of the area where the incident took place was examined, and the name of Rustam S/o Rateef has surfaced as one of the accused. The main accused Massan is son of Rateef, the real brother of Rustam (petitioner). The instructions are taken on record. 5. We find no good ground to show interference. 6. Accordingly, the writ petition stands dismissed. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 22.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench