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2025 DAILYLAW 154496 (ALL)

ASHIF KHAN @ ASIF KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/6870/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44031-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6870 of 2025 Petitioner :- Ashif Khan @ Asif Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Kunwar Ravi Prakash,Ram Sajiwan 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 for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 3.12.2023, lodged as F.I.R. No.-662 of 2023 for the offences under Sections 420, 406, 506 I.P.C. at P.S. -Sushant Golf City, District -Lucknow. 3. After arguing at some length learned counsel for the petitioner that all the sections that have been invoked against the petitioner carrying a punishment of upto 7 years of imprisonment, therefore, the petitioner is entitled to get the benefit of the directions issued by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. 4. Learned A.G.A. has not disputed the submissions of learned counsel for the petitioner regarding sections being invoked against the petitioner carrying a punishment of upto 7 years of imprisonment. He has pointed out as per instruction sent by Himachal Singh, Sub Inspector/ Investigating Officer, P.S. -Sushant Golf City, District -Lucknow that the petitioner has a long criminal history and almost all cases are of similar nature. He has pointed out paragraph no. 16 of the instructions where eight criminal case are shown, namely, 1. Case Crime no. 21/2024 under Sections 420, 406, 506, 504 I.P.C. Police Station- Krishna Nagar, District- Lucknow, 2. Case Crime no. 241/2022 under Sections 406, 506, 504 I.P.C. Police Station- Krishna Nagar, District- Lucknow, 3. Case Crime no. 429/2024 under Sections 126 (2), 299, 351 (2), 352, 74 BNS Police Station- Krishna Nagar, District- Lucknow, 4. Case Crime no. 489/2024 under Sections 420, 406 I.P.C. Police Station- Krishna Nagar, District- Lucknow, 5. Case Crime no. 628/2019 under Sections 323, 504, 506 I.P.C. Police Station- Krishna Nagar, District- Lucknow, 6. F.I.R. No.-624 of 2022 under Sections 420, 406, 507 I.P.C. at P.S. -Sushant Golf City, District -Lucknow. 7. F.I.R. No.-662 of 2023 under Sections 420, 406, 506 I.P.C. at P.S. -Sushant Golf City, District -Lucknow. 8. F.I.R. No.-006 of 2024 under Sections 120-B, 420, 406, 506, 504 I.P.C. at P.S. -Gautampalli, District -Lucknow. 5. Learned A.G.A. further submitted that also he had been issued notice under Section 41 (1) of the Cr.P.C. but he did not submit any reply to such notice. The instructions are kept on record. 6. In view of the instructions that have been produced before this Court and also the contentions of the F.I.R., we find no good ground to show interference. 7. The writ petition is accordingly dismissed. Order Date :- 30.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench