SHRI PRAKASH SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLP/6526/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152240 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152240 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42455-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6526 of 2025 Petitioner :- Shri Prakash Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Dr. Pooja Singh,Achleshwar Raj,Anshuman Singh Counsel for Respondent :- G.A.,Ashish Kumar Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Short counter affidavit along with 'vakalatnama' filed by Shri Ashish Kumar Singh, Advocate on behalf of opposite party no.3 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A., who appears for the State-respondents as well as Shri Ashish Kumar Singh, learned counsel for opposite party no.3 and perused the record. 3. This writ petition has been filed by petitioner with following main prayers:
"(a) issue a writ, order or direction in the nature of Certiorari, thereby quashing the impugned FIR dated 20.06.2025 and all the further action in pursuance of the F.I.R contained as Annexure No.1 to this writ petition registered as Case Crime No. 0210 of 2025, Under Sections 318(4), 338, 336(3), 340(2), 316(2) and 351(3) B.N.S (420, 467, 468, 471, 406 and 506 I.P.C.) at Police Station Paraspur, District- Gonda. (b) issue an appropriate writ, order or direction restraining the opposite party No.1 and 2 from arresting, prosecuting the petitioner and making investigation against the petitioner on basis of first information report contained in Annexure No.1
lodged by the opposite party No.3 with the police of Police Station- Paraspur, District- Gonda, arising out of Case Crime No. 0210 of 2025, dated 20.06.2025, Under Section 318(4), 338, 336(3), 340(2), 316(2) and 351(3) B.N.S (420, 467, 468, 471, 406 and 506 I.P.C.) at Police Station- Paraspur, District- Gonda."
4. It is stated by learned counsel for the petitioner that there is no proof of taking rupees four lakhs in two installments from the informant, but the petitioner has taken rupees fifty thousand through online payment/Phonepe and he is willing to return the amount to the informant. 5. On a specific query being made by the Court to learned counsel for the petitioner as to why petitioner received money from the informant as alleged, it has been submitted that informant forcibly pushed the money down throat of the petitioner although no assurance was given by the petitioner to the informant to get him an appointment as Clerk in an aided school.
The petitioner cannot make such assurance as he is himself doing a private job and earlier he was working as an Assistant in a Primary Health Centre. 6. We have gone through the contents of the impugned F.I.R. and we find that cognizable offence is made out and there is no good ground to interfere in the impugned F.I.R.
7. Accordingly, the writ petition is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 24.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench