SHAILENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6473/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152199 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152199 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42250-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6473 of 2025 Petitioner :- Shailendra Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers "
"(i) Issue a Writ, order or direction in the nature of Certiorari quashing the impugned F.I.R dated 06/07/2025lodged by the Opposite Party No. 4 in F.LR No. 0034/2025, U/Ss. 191(2), 191(3), 190, 109, 103(1), 351(3) B.N.S.S 2023, Act P.S. Chandapur, District-Raibareli, as contained in Annexure-1 to this Writ Petition. (ii) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities not to arrest the Petitioners on the basis of the impugned F.I.R dated 06/07/2025 lodged by the Respondent No. 4 in F.I.R No. 0034/2025, U/Ss. 191(2), 191(3), 190, 109, 103(1), 351(3) B.N.S.S 2023, Act P.S. Chandapur, District- Raibareli." It has been submitted by learned counsel for the petitioner that before the impugned F.I.R. was lodged, another F.I.R. was lodged by the same informant at the same police station bearing F.I.R. No.0033 of 2025 dated 06.07.2025 at about 02:00 P.M. Now a second F.I.R. has been lodged regarding the same incident. The petitioner was not named in the initial F.I.R. now the petitioner has been named deliberately to false implicate
him. Learned A.G.A. has pointed out that F.I.R. No.0033 of 2025 was lodged with regard to an intention occurred on 05.07.2025 at 10:00 P.M. The F.I.R. No.0034 of 2025 has been lodged on 06.07.2025 at 07:36 P.M. with regard to an incident that occurred on 06.07.2025 at about 2:00 P.M. in which one person died and four persons were injured. According to instructions received by learned A.G.A., six persons have already been arrested. From a perusal of the impugned F.I.R. commission of an offence is made out. We find no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 23.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench