MAHENDRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6856/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154443 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154443 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43946-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6856 of 2025 Petitioner :- Mahendra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Vishal Tripathi,Satyarth Mishra,Surjeet Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayers :
"(i) Issue writ order in nature of certiorari for quashing the impugned FIR/Case Crime No. 0232/2025, under section 115(2), 352, 351(2), 125, 74 B.N.S. at P.S. Jalalpur, District Ambedkarnagar, contained as Annexure no.1, in the interest of justice. ii) Issue writ order in nature of mandamus commanding to opposite party no. 2 & 3 that on the basis of impugned first information report they not arrest the petitioner, in the interest of justice."
Learned counsel for the petitioners submits that all sections invoked against the petitioner carry a punishment of upto seven years, and therefore, he is entitled to the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Learned A.G.A. has produced before this Court the instructions sent by Shri Ajay Saroj, Sub Inspector, Police Station Jalalpur, District Ambedkar Nagar wherein it has been stated that in her statement recorded under Section 180 and 183 of BNSS, 2023, the prosecutrix has supported the
prosecution case. Copy of such instructions is kept on record. Since the sufficient evidence has been collected against the petitioner, 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