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2025 DAILYLAW 153122 (ALL)

VIVEK TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND OTHERS

CRLP/6668/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43006-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6668 of 2025 Petitioner :- Vivek Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Raghvendra Ojha,Vidya Bhushan Pandey Counsel for Respondent :- G.A.,Prashant Shukla Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and Sri G.C. Verma, Advocate, who appears on behalf of the opposite party no.4. 2. This writ petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of certiorari quashing the first information report dated: 11.06.2025 arising out of Case Crime No.: 0257 of 2025 Under Section 191(2), 191(3), 190, 109, 352, 351(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023, registered at P.S. Kotwali City, District Pratapgarh, same is contained as Annexure No.-1 to this writ petition in so far as it relates to the petitioner, in the interest of justice. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondents not to arrest the petitioner on the basis of impugned first information report dated: 11.06.2025 arising out of Case Crime No.: 0257 of 2025 Under Section 191(2), 191(3), 190, 109, 352, 351(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023, registered at P.S. Kotwali City, District -Pratapgarh, in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that the co-accused has been granted interim protection till credible evidence is collected in Criminal Misc Writ Petition No. 5400 of 2025, which was disposed of on 25.06.2025. 4. We have gone through the order dated 25.06.2025 wherein it had been argued that the role assigned to the petitioner was that of hatching a conspiracy and no allegation had been made against him of causing any injury. In the case of the petitioner herein, however, there is a specific allegation in the F.I.R. regarding shooting the victim. 6. From the perusal of the F.I.R. a cognizable offence is certainly made out, we do not wish to interfere in the impugned F.I.R. 7. Accordingly, the writ petition stands dismissed. Order Date :- 25.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench