KAMLESH KUMAR SAROJ @ KAMLESH KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/6757/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153641 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153641 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43911-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6757 of 2025 Petitioner :- Kamlesh Kumar Saroj @ Kamlesh Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Bhanupriya Singh 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) Issue a writ, order or direction in the nature of Certiorari for quashing the first information report at Case Crime/F.I.R. No. 082/2025, under section 191(2), 191(3), 190, 109(1), 352, 351(3), 121(1), 131, 132, 125, 3(5), 115(2) B.N.S. & 7 Criminal Law Amendment Act Police Station- Raniganj, District- Pratapgarh dated 29.03.2025, lodged by the opposite party no.4 against the Petitioner, contained as Annexure No.1 to the writ petition, in the interest of justice. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties authorities not to arrest the petitioner on the basis of the impugned first information report at Case Crime/F.I.R. No.082/2025, U/s 191(2), 191(3), 190, 109(1), 352, 351(3), 121(1), 131, 132, 125, 3(5), 115(2) Β.Ν.S. & 7 Criminal Law Amendment Act Police Station-Raniganj, District- Pratapgarh dated 29.03.2025, lodged by the opposite party no.4, against the Petitioner, contained as Annexure No.1 to the writ petition, in the interest of justice." It has been submitted by learned counsel for the
petitioners that according to the prosecution story, on 28.03.2025 at about 10:30 A.M. a mob of about 150 to 200 people gathered after the death of one Komal Saroj daughter of late Shivbahadur Saroj resident of Village Basi, Police Station Raniganj, District Pratapgarh and attacked the police party send to restore law and order. It has been submitted that since the F.I.R. was lodged against unnamed persons, the petitioner cannot be harassed in such a manner, as the police are currently harassing him. The petitioner had only gone to the market for some work. The hospital is also situated in the said market. He had no role to play. The petitioner has now come to know that he has been implicated in this case.
Learned A.G.A. has produced before this Court the instructions sent by Shri Sashikant Yadav, Investigating Officer, Police Station Raniganj, District Prtapgarh wherein it has been stated that after CCTV footage from the hospital and the roadside was retrieved and carefully examined, 12 people were identified, as the main accused, as they had instigated the crowd to attack the hospital staff and the police party. Among these 12 people, the petitioner is also one of the accused. It has also been submitted that the x-ray report of the injured persons were examined. However, there is no mention regarding the seriousness of the injuries allegedly inflicted upon police personnel. The head injury report showed no abnormally detected.Copy of such instructions is taken on record. It has been submitted by learned counsel for the petitioner that on 23.06.2025 a Co-ordinate Bench of this Court has granted interim protection to the accused, Aqeel Ahmad in Criminal Misc. Writ Petition No.5369 of 2025, a copy of which has been annexed as Annexure No.3 to the writ petition. Having gone through the annexure no.3 to the writ petition i.e. the order dated 23.06.2025 whereby the interim protection granted to the accused, Aqeel Ahmad, we find that the submission of
learned counsel for the writ petitioner therein was
that the accused was a resident of different village. Further there was no specific allegation regarding any role played by him. Ten members of the family of the deceased were arrested, out of whom six persons were granted bail but the police were unduly harassing the accused, Aqeel Ahmad. The Court granted interim protection in view of the submission made by learned counsel for Aqeel Ahmad. It is evident from the instructions that the petitioner belongs to the same family of the deceased. In fact all 12 accused mentioned in the instructions including the petitioner have been found to belong to the same family and same village. We find no good ground to interfere. The writ petition is, accordingly, dismissed.
Order Date :- 30.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench