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2025 DAILYLAW 152849 (ALL)

VINOD KUMAR GAUD @ VINOD KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/6572/2025 · 2025-07-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43441-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6572 of 2025 Petitioner :- Vinod Kumar Gaud @ Vinod Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gyanendra Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Vakalatnama' filed by Shri Shailendra Kumar Tiwari, Advocate on behalf of respondent no.4 is taken on record. 2. Heard learned counsel for the petitioner as well as learned A.G.A. who appears on behalf of the State/Respondents, Shri Shailendra Kumar Tiwari, learned counsel for respondent no.4 and perused the record. 3. This petition has been filed by the petitioner with following main prayers:- "a. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the Opposite Party No.-4 on 02.06.2025 vide case crime no.-0144 of 2025 U/s - 69,352,351(3) of B.N.S at Police Station-Cant, District- Ayodhya as contained in Annexure No.-1 to this writ petition. b. Issue a writ order or direction in the nature of mandamus commanding the opposite parties no.-1 to 3 not to arrest or adopt any coercive measures against the petitioners on the basis of impugned First Information Report lodged by Opposite Party No.-4 on 02.06.2025 vide case crime no.-0144 of 2025 U/s 69,352,351(3) of B.N.S at Police Station-Cant, District-Ayodhya as contained in Annexure No.-1 to this writ petition." 4. It is stated by learned counsel for the petitioner that informant/respondent no.4 on its own wish established physical relation with the petitioner and now she has lodged impugned F.I.R. in order to blackmail and extract money from him. 5. Learned A.G.A. has produced before this Court written instructions sent by Shri Manish Kumar, Sub Inspector, Police Station Cantt., District Ayodhya, wherein it has been stated that the informant has alleged that in between May, 2021 to January, 2025, petitioner had established physical relation with her and continued to exploit her by making false promise of marriage. The informant had also met with the family members of the petitioner and they were betrothed, however, broke up engagement. It has also been stated in the instructions that the statements of the prosecutrix were taken under Sections 180 and 183 B.N.S.S. The statement of her father was also taken by the magistrate concerned and prima facie, offence has made out from their statements. The instructions are taken on record. 6. We have gone through the contents of impugned F.I.R. and which are exhibited in detail. From perusal of the F.I.R. and instructions, it appears that a cognizable office is made out. This Court does not find any good ground to interfere in the impugned F.I.R. 7. Accordingly, writ petition is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 28.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench