DILSHAD AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/6775/2025 · 2025-07-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152878 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43637-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6775 of 2025 Petitioner :- Dilshad And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ghanshyam Tripathi Counsel for Respondent :- G.A.,Suresh Kumar Upadhyay Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the Opposite party nos.1 & 2 and Shri Suresh Kumar Upadhyay, who appears on behalf of the private-respondent no.3. (2) This petition has been filed by the petitioners for the following main prayers:-
"i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report which has been lodged in Case Crime No.203 of 2025, under Sections 191(2), 191(3), 109, 115(2), 118(1), 126(2), 324(4), 352, 351(2), 351(3), 61(2) B.N.S. at Police Station Kurwar, District Sultanpur. ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties not to arrest the petitioners in First Information Report registered as Case Crime No.203 of 2025, under Sections 191(2), 191(3), 109, 115(2), 118(1), 126(2), 324(4), 352, 351(2), 351(3), 61(2) B.N.S. at Police Station Kurwar, District Sultanpur." (3) It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged as a counterblast to the FIR lodged by the petitioners. A copy of the said FIR has been annexed as Annexure-1 to the petition relating to an incident dated 22.06.2025. (4) We have gone through the impugned FIR and we find that it refers to dangerous weapon being used to cause injury to the victim. (5) The counsel for the petitioner says that although there are injuries like lacerated wound on the victim, they themselves went to the Community Health Center, Kurwar, and they themselves examined and therefore their case cannot be believed that they should have been gone to the Police Station and then they should have been accompanied by Majroobi Chhitti and constable to the Community Health Center. (6) The learned A.G.A. has brought to the notice of this Court instructions sent by Shri Ram Ugrah Kushwaha, the Investigating Officer of P.S. Kurwar, District Sultanpur, wherein it has been stated that some of the accused are absconding whereas Amir Ali and Rizwan Ali have been arrested on 11.07.2025.
(7) The counsel appearing on behalf of the private- respondent has brought to the notice of this Court CT Scan of Brain of the patient Sameer. It has been reported that there is a Small hemorrhage / cerebral contusion 15 x 12 mm with surrounding edema in left parietal lobe. Depressed fracture on left parietal bone with about 1 cm depression Scalp swelling in the left parietal region. (8) From a perusal of the F.I.R. and instructions and also the C.T. Scan report of one of the victim, this Court finds that the FIR discloses commission of cognizable of offence against the petitioner, hence, no interference is required in the matter. (9) The writ petition stands dismissed. Order Date :- 29.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench