JAY SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6702/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 153224 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 153224 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43149-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6702 of 2025 Petitioner :- Jay Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Arunendra Nath Mishra 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. 2. Present petition has been filed with the following main prayers:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:- (i) Issue a writ, order or direction in the nature of certiorari to quash the impugned first information report (delay about 6 months from the date of alleged incident) lodged by O.P. No.04, on dated 17/06/2025 vide case crime No. 157/2025 U/s 115(2), 352, 351(3) B.N.S. & 3(1) (घ), 3(2) (va) SC/ST (PA) Act, Police Station-Madhoganj, District-Hardoi, contained as ANNEXURE No.01 with this writ petition. (ii) Issue a writ order or direction in nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance of the impugned first information report (delay about 6 months from the date of alleged incident) lodged by O.P. No.04, on dated 17/06/2025 vide case crime No. 157/2025 U/s 115(2), 352, 351(3) B.N.S. & 3(1) (घ), 3(2) (va) SC/ST (PA) Act, Police Station-Madhoganj, District-Hardoi, contained as ANNEXURE No.01 with this writ petition."
3. Learned counsel for the petitioner submitted that the offence against the petitioners carry a punishment of up to 7 years of imprisonment and therefore the petitioners are entitled for the benefit of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014)8 SCC
273. 4. Learned A.G.A. for the State has produced before this Court instructions duly signed by Sri Balram Singh Yadav, Sub Inspector, Police Station Madhoganj, District Hardoi stating that charge sheet has been prepared against Jai Singh and
Mahesh Kumar (petitioners) under various sections of the BNS and SC/ST Act and charge sheet No. 114 of 2025 dated 24.07.2025 has been submitted to the supervisory authority for onward submission to the court concerned. 5.
In view of the fact that sufficient evidence has been collected; charge sheet has been prepared and investigation has been closed in the case, we are of the view that no fruitful purpose would be served in granting the benefit of Arnesh Kumar (supra) to the petitioners, however, this petition is
disposed of with liberty to the petitioners to approach the appropriate forum.
Order Date :- 25.7.2025 (Manoj K.) (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench