RIZWANUL HAQUE v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6737/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153420 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43336-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6737 of 2025 Petitioner :- Rizwanul Haque Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Mohd. Imran,Ehtisham Husain,Mohd. Ahsanussamad Faridi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayer :
"(i) To issue a writ order or direction in the nature of Certiorari thereby quashing the impugned FIR dated 17.6.2025 in case crime no 0263/2025, under section 318(4) and 316(5) of BNS at PS Dubagga, Lucknow, contained in Annexure-1 to the writ petition. ii) To issue a writ order or direction in the nature of Mandamus Commanding the opposite parties no.1 & 3 not to arrest, detain or prosecute the petitioner on the basis of impugned FIR dated 17.6.25 lodged by the opposite party no-4 vide case crime no. 0263/2025, under section 318(4) and 316(5) of BNS at PS Dubagga, Lucknow." It has been submitted by learned counsel for the petitioner that the petitioner is running two madarsas as mentioned in the impugned F.I.R. The madarsas were not intentionally closed by him but had to be temporarily shut down because a drain/nala was under constructions near the boundary wall, and he did not wish to endanger the lives of the young children, who attended the madarsas for education as the institutions are recognized only for classes I to V.
We have gone through the F.I.R. and find that the inspection of two madarsas being run by the petitioner was carried out at the behest of Minority Welfare Department of Central Government and the instructions were duly followed by the Director, Minority Welfare, Uttar Pradesh. The Inspecting team visited the site and found both the madaras allegedly being run by the petitioner to be closed. The petitioner contacted by phone and had a proper conversation with the inspecting team. Upon finding several irregularities, the recognition of the said madarsas is proposed to be withdrawn, although the petitioner's madarsas are recognized only for Classes I to V. However, he had made an application for scholarships for Classes XI and XII and had also conducted bio-metric authentication of all the applicants for the financial year 2022-23.
Since the F.I.R. has been lodged after a fact-finding enquiry and there appears to be a prima facie case of an offence committed by the petitioner, we find no good found to interfere the writ petition is accordingly dismissed. Order Date :- 28.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench