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2025 DAILYLAW 154803 (ALL)

ADITYA NANDA @ ADITYA NANDAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 4 OTHERS

CRLP/6886/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44066-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6886 of 2025 Petitioner :- Aditya Nanda @ Aditya Nandan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Petitioner :- Krishna Lal Yadav,Aparna Sinha Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. This writ petition has been filed with the following main prayer: “I. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to abstain from taking any coercive action against the petitioner or not to arrest the petitioner in pursuance of the impugned First Information Report dated 19.11.2024 (Annexure No.1) during the pendency of the instant writ petition.” It has been submitted by learned counsel for the petitioner that the petitioner has not been named in the F.I.R. and he has been falsely implicated by the Police. It has been further submitted that the petitioner is also not named in the statement of the victim, who is the most primary and reliable witness of the prosecution. A copy of the statement of the victim recorded under Section 183, B.N.S.S. has been filed as Annexure-3 to the petition. The learned counsel further states that it is only because the co-accused named the petitioner as one of the accomplices the petitioner has been implicated. It has also been stated by the learned counsel that the petitioner filed an Anticipatory Bail Application No. 2965 of 2025, which has been rejected by the learned Special Judge (POCSO Act), Lucknow, and the petitioner thereafter filed a Criminal Misc. Anticipatory Bail Application under Section 482, B.N.S.S. No. 850 of 2025, which has also been dismissed by this court as not pressed with liberty to file fresh case. Learned A.G.A. has pointed out from the contents of order passed by the Addl. District & Sessions Judge/Special Judge (POCSO Act), Lucknow, dated 15.05.2025, a copy of which has been filed as Annexure No. 4 to the petition, that the juvenile delinquent had named the petitioner as accomplice. He had given his room to the juvenile delinquent to enable him to sexually assault the victim, who is 12-13 years old girl, and he also closed the door and locked it from outside, so that the victim's cries for help could not be heard by other persons to come to her help. We find no good ground to show interference in this matter. The writ petition is accordingly dismissed. (Brij Raj Singh, J.) (Mrs. Sangeeta Chandra, J.) Order Date :- 30.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench