SIPAHI LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/6584/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152651 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152651 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42811-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6584 of 2025 Petitioner :- Sipahi Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gyanendra Pathak Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and the learned A.G.A. This petition has been filed with the following main prayers:
"(i) Issue a writ, order or direction in the nature of Certiorari for quashing of the First Information Report dated 08.06.2025 bearing F.I.R. No. 0166/2025 under Section- 137(2), 65(1) B.N.S. and 5(1)/6 POCSO Act, Police Station Rupaideeha, District Bahraich (contained in Annexure No. 2) annexed with the writ petition. (i) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties concerned not to arrest the petitioner on the basis of impugned the First Information Report dated 08.06.2025 bearing First Information Report dated 08.06.2025 bearing F.I.R. No. 0166/2025 under Section- 137(2), 65(1) B.N.S. and 5(1)/6 POCSO Act, Police Station Rupaideeha, District Bahraich." It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. It has been further submitted by the learned counsel for the petitioner that the petitioner does not know the victim and the father-in-law of the petitioner Rohan R/o Charda Jamog was talking with the daughter of the opposite party No. 4, but he identified himself with the name and address of the petitioner. Learned A.G.A. on the basis of instructions sent by Sri Jitesh Kumar Singh, Sub Inspector, P.S. Rupaideeha, District Bahraich, has submitted that in the statement of the victim recorded under Section 183 of the B.N.S. she has supported the prosecution story. Copy of case-diary as well as instructions are kept on record. We have gone through contents of the F.I.R. and we find that a cognizable offence is made out. The writ petition is accordingly dismissed. (Brij Raj Singh, J.) (Mrs. Sangeeta Chandra, J.) Order Date :- 24.7.2025/A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench