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2025 DAILYLAW 153276 (ALL)

MISHRILAL AND 3 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/6699/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42969-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6699 of 2025 Petitioner :- Mishrilal And 3 Others Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Awaneesh Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State and perused the record. 2. This petition has been filed with the following prayers:- "i) issue a writ, order or direction or writ in the nature of certiorari quashing the impugned First Information Report dated 15th July 2025, lodged as FIR No. 0259/2025 under Section 109,115(2), 351(3), 191(2) of BNS at P.S. Kotwali Rudauli, District Ayodhya as contained in Annexure No.1 to the writ petition. ii) issue a writ, order or direction or writ in the nature of mandamus directing the respondents not to give effect and proceed further in pursuance of the First Information Report dated 15th July 2025, lodged as FIR No. 0259/2025 under Section 109,115(2), 351(3), 191(2) of BNS at P.S. Kotwali Rudauli, District Ayodhya, against the Petitioner. ii ) issue an ad-interim mandamus to the effect that the ⅲ petitioner be not arrested in pursuance of First Information Report dated 15th July 2025, lodged as FIR No. 0259/2025 under Section 109,115(2), 351(3), 191(2) of BNS at P.S. Kotwali Rudauli, District Ayodhya." 3. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and have been falsely implicated in the present case. In fact, no injury has occurred as alleged in the F.I.R. There is incorrect mention regarding head injury of the father of the informant. 4. Learned A.G.A. has produced before this Court extract of the copy of the case diary wherein the Investigating Officer has mentioned on the basis of medico legal examination certificate of Harish Chandra S/0 Late Ram Dai seven injuries i.e. one lacerated wound over the right side of the head, a lacerated wound over right eyebrow, abrasion over neck, lacerations and contusions over dorsal region. All injuries have been caused by hard and blunt object. Injury No. 1 would have been caused by sharp edged weapon. 5. We do not find from a perusal of the case diary any good ground to show interference in the impugned F.I.R. 6. The writ petition is, accordingly, dismissed. Order Date :- 25.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench