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2025 DAILYLAW 153157 (ALL)

IRFAN AHMAD (IN FIR IRFAN) AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/6660/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42906-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6660 of 2025 Petitioner :- Irfan Ahmad (In Fir Irfan) And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "i) to issue, a writ, order or direction in the nature of CERTIORARI quashing the impugned First Information Report dated 07.07.2025 lodged by opposite party no.4 against the petitioners vide FIR No.280/2025 Under Section 190, 191(2), 191(3), 109, 115(2), 118(1) BNS, Police Station Kotwali Dehat, District Sultanpur as contained as Annexure No.1 to this writ petition. ii) to issue, a writ, order or direction in the nature of MANDAMUS commanding the opposite party no.1 to 3 to not to arrest the petitioners in pursuance of impugned First Information Report dated 07.07.2025 lodged by opposite party no.4 vide FIR No.280/2025 Under Section 190, 191(2), 191(3), 109, 115(2), 118(1) BNS, Police Station Kotwali Dehat, District Sultanpur as contained as Annexure No.1 to this writ petition." 3. We have gone through the F.I.R. lodged by the petitioner, bearing F.I.R. No. 281 of 2025 on the same day i.e. on 07.07.2025 four minutes after the F.I.R. lodged by the informant which has been impugned in this petition. 4. It has been submitted by learned counsel for the petitioners that as is evident from the injury report, no fire arm injury had occurred on Asgar Ahmad, it is only a lacerated wound on the head which may be caused by Lathi. 5. We have gone through the injury report which talks of lacerated wound, it is for the Trial Court to decide after evaluation of evidence as to whether this injury was caused by lathi and who was the aggressor. Insofar as two F.I.R. are concerned, they both relate to the same incident and have been registered four minutes apart from each other. 6. The incident did occur, who was the aggressor is to be decided by the Trial Court. 7. Since the cognizable offence is made out no interference is called for. 8. 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