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2025 DAILYLAW 154777 (ALL)

SURENDRA SINGH @ SURENDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6890/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44028-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6890 of 2025 Petitioner :- Surendra Singh @ Surendra Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of certiorari quashing of First Information Report lodged by opposite party no. 4 registered as F.I.R./Case Crime No. 108 of 2025, dated 19.06.2025, under Sections 109 (1), 110, 115(2), 288, 351(3), 352, Β.N.S. & Section 7 of Criminal Law Amendment Act, Police Station- Dileeppur, District- Pratapgarh in respect of petitioner, as contained in Annexure No. 1 to this criminal misc. writ petition (CRLP). (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioner in F.I.R./Case Crime No. 108 of 2025, dated 19.06.2025, under Sections 109 (1), 110, 115(2), 288, 351(3), 352, B.N.S. & Section 7 of Criminal Law Amendment Act, Police Station-Dileeppur, District- Pratapgarh in respect of petitioner, as contained in Annexure No. 1 to this criminal misc. writ petition (CRLP)." 3. It has been submitted by learned counsel for the petitioner that the petitioner himself has suffered two fire arm injuries and two lacerated wounds and he could not have be the aggressor regarding the incident that occurred on 18.06.2025. 4. Learned A.G.A. for the State Respondents has pointed out from the pleadings on record and also from the instructions that two parties fought with each other with fire arms and with other dangerous weapons like Lathi, Danda and Banka. Some persons from each party were injured and both parties have lodged F.I.R. 5. The written instructions are kept on record. 6. The incident is proved, but who was the aggressor has to be looked after investigation is carried out and evidence is evaluated. 7. We do not wish to interfere in the impugned F.I.R. at this stage. 8. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the appropriate forum. Order Date :- 30.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench