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2025 DAILYLAW 153658 (ALL)

PAPIL VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6769/2025 · 2025-07-31

Brij Raj Singh, Rajesh Singh Chauhan

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44300-DB Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 6769 of 2025 Petitioner :- Papil Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dharm Trivedi Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Brij Raj Singh,J. 1. Heard Sri Dharam Trivedi, learned counsel for the petitioner, Sri G.D. Bhatt, learned AGA for the State and Sri Manish Kumar Pathak, who has filed 'Vakalatnama' and counter affidavit on behalf of opposite party no. 4, same are taken on record. 2. By means of this petition the petitioner has assailed the F.I.R. / Crime No. 77 of 2025 u/s 281, 106 BNS and section 184 Motor Vehicle Act, 1988, P.S. Sampurnanagar, District Kheri. 3. Learned counsel for the petitioner has stated that the present petitioner has been falsely implicated as he has not committed any offence as alleged. As a matter of fact on the date of accident he was not driving the tractor but has been implicated on the ill-advise. Further attention has been drawn towards Annexure nos. 2 and 3 which are the affidavits of the family members of the victim saying that the present petitioner was not driving the tractor in question on the date of accident and the F.I.R. was lodged only on the basis of ill-advice of other persons. Those family members are not willing to prosecute the present applicant. 4. Per contra, learned AGA has submitted that after recording the evidence of other witnesses the culpability and complicity of the present petitioner has emerged and the investigation is going on, therefore, at this stage the submission of the petitioner may not be accepted. However, learned counsel for the opposite party no. 4 (informant) is not supporting the prosecution version rather supporting the claim of the petitioner. 5. Be that as it may, since the investigation is going on and the present petitioner has made out his prima-facie case so his arrest is stayed till completion of investigation and filing of police report. The present petitioner shall cooperate in the investigation till completion of the same and filing of the police report failing which any application may be filed by the prosecution or informant for vacation of this order. 6. It is made clear that this protection has been given to the petitioner only till the filing of the police report subject to his proper cooperation. 7. The applicant shall appear before the Investigating Officer concerned on 04.08.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all the information and evidence with him to the investigation officer, failing which this protection may be withdrawn. 8. In view of the above, writ petition is disposed of. . [Brij Raj Singh, J.] [Rajesh Singh Chauhan, J.] Order Date :- 31.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench