ASHENDRA KUMAR @ GOLU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/6454/2025 · 2025-07-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152182 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152182 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42088-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6454 of 2025 Petitioner :- Ashendra Kumar @ Golu Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Syed Mohammad Abuzar Zaidi,Harikesh Kumar,Syed Sajjad Imam Rizvi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned cousnel 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 thereby quashing the impugned First Information Report lodged by the opposite party no.4 in Case Crime No. 0252/2025 Under Sections-191(2)/221/132/121(1)/352/351(3)and 109(1) of BNS, Police Station-Bachchrawan, District-Rae Bareli, as contained in Annexure no.l to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1,2 and 3 not to arrest or adopt any coercive measures against the petitioner on the basis of first information report lodged by the opposite party no.4 in Case Crime NO. 0252/2025 Under Sections- 191(2)/221/132/121(1)/352/351(3)and 109(1) of BNS, Police Station-Bachchrawan, District-Rae Bareli, as contained in Annexure no.1 to this writ petition."
3. It has been submitted by the learned counsel for the petitioner that the allegation in the FIR is of beating up the Opposite Party No.4, Sub Inspector, posted at P.S.-Bachchrawan, District- Rae Bareli. The petitioner is not the owner/manager of Baba Dhaba,
in front of which the alleged incident took place. 4. Learned counsel for the petitioner further submits that the truth of the matter is that the opposite party No.4 came to Baba Dhaba at night at around 10:30 p.m., after finishing his duty, and made a demanded of Rs. 10,000/- from the owner of the Baba Dhaba. In case, the owner of the Dhaba did not give such money he threatened him to implicate him in a false case. It has also been submitted that, as per the injury report of the alleged victim-opposite party No.4, including the x-ray of chest and ultrasound of the whole abdomen conducted on 21.06.2025 at the District Hospital Raebareli, no abnormality was found by the doctors. Copy of such Medico Examination Report and X- ray report have been annexed as Annexure No. 2 to this writ petition. 5.
It has been submitted by the learned counsel for the petitioner that the petitioner is not involved in any incident and has been falsely implicated. 6. Having gone through the contents of the FIR, where the name of the petitioner has also been mentioned as an accused, we find that a cognizable offense is made out. 7. 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