SAFAD @ SAFAT AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
CRLP/6505/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152618 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152618 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42246-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6505 of 2025 Petitioner :- Safad @ Safat And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State as well as Sri Prabhakar Pandey and Sri Vivek Pandey, Advocate who have filed power today on behalf of the opposite party no. 4 and perused the record.
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 dated 07.07.2025, lodged by opposite party No. 2 in Case under Sections
190,191(2),191(3),109,110,115(2),333,351(3),352 BNS, 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 No.2&3 (SHO, SP) not to arrest the petitioner on the basis of impugned First Information Report lodged in Case Crime No. 0281/2025, under, Sections, 190, 191(2),191(3),109,110,115(2),333,35 1(3),352 BNS, Police Station Kotwali Dehat, District Sultanpur. "
3. It has been submitted by the learned counsel for the petitioner that the petitioner's side 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 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench