SIRAJUDDIN @ NAGGU v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
CRLP/6467/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152385 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152385 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42179-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6467 of 2025 Petitioner :- Sirajuddin @ Naggu Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav,Shraddha Chaturvedi 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 and Shri Prabhakar Pandey and Shri Vivek Pandey, Advocates who have filed their Power on behalf of the private-Respondent no.4. (2) This petition has been filed by the petitioner for the following main prayers:-
"i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 07.07.2025 lodged by Opposite party no.4 in Case Crime No.0281/2025, under Sections 190, 191(2), 191(3), 109, 110, 115(2), 333, 351(3), 352 B.N.S. at Police Station Kotwali Dehat, District Sultanpur, contained as Annexure No.1 to this writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite party nos.2 and 3 (SHO, SP) not to arrest the petitioner on the basis of impugned First Information Report dated 07.07.2025 lodged by Opposite party no.4 in Case Crime No.0281/2025, under Sections 190, 191(2), 191(3), 109, 110, 115(2), 333, 351(3), 352 B.N.S. at Police Station Kotwali Dehat, District Sultanpur." (3) It has been submitted by the learned counsel for the petitioner that the petitioner initially lodged F.I.R. at 2 hours and 21 Minutes on 07.07.2025 in relation to an incident that occurred on 06.07.2025 at night. As a counterblast to the F.I.R. No.0281/2025, the impugned F.I.R. has been lodged by the private-respondents at 2
hours and 25 Minutes on the same day i.e. after four minutes of the Petitioner's F.I.R. (4) Learned A.G.A. on the basis of contents of both the F.I.R.s says the incident which lead to injuries to the victim indeed happen and therefore two F.I.R.s were lodged. (5) From perusal of both the F.I.R.s, we find that the offence has indeed been committed but at this stage it is not ascertainable as to who was responsible for causing injury to the victim. It is a question to be decided by the Trial Court after evaluation of evidence. (6) Accordingly, the writ petition stands dismissed.
Order Date :- 23.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench