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2025 DAILYLAW 154955 (ALL)

RANJEET ALIAS BABA RANJEET SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/6888/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44095-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6888 of 2025 Petitioner :- Ranjeet Alias Baba Ranjeet Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Vinay Kumar Tiwari,Raj Mani Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Rishabh Srivastava, Advocate, who has put in appearance on behalf of opposite party No. 4 by filing his vakalatnama, which is taken on record. This writ petition has been filed with the following main prayers: "a. To issue a writ, order or direction in the nature of writ of Certiorari quashing the impugned First information Report dated -20.06.2025 lodged by the Opposite Party No.4 vide First information Report No. 0143/2025, U/S-126(2), 70(1), 351(3) BNS, Police Station- Itiyathok, District- Gonda which is contained as Annexure no. 1 to this writ petition. b. To issue a writ, order or direction in the nature of writ of Mandamus commanding the opposite parties not to arrest the petitioner on the basis of the impugned First Information Report which is contained as Annexure No. 1 to this writ petition." It has been submitted by learned counsel for the petitioner that initially the opposite party No. 4 (complainant in the impugned F.I.R.) had filed an application under Section 173(4), B.N.S.S., on the basis of which F.I.R. had been registered. The Magistrate had directed conducting of a preliminary inquiry on 04.03.2025. The inquiry was conducted by the A.S.P., Gonda. A detailed report was submitted on 05.05.2025 fairly indicating that the allegations made by the opposite party No. 4 are baseless. The petitioner was summoned as an independent witness in the said inquiry, in which he had submitted that the opposite party No. 4 has run away as her mother had informed the petitioner and they had jointly filed a complaint at P.S. Itiyathok. Despite inquiries the opposite party No. 4 remained untraceable. Later on, the mother of the opposite party No. 4 came to know that her daughter was at a room arranged by the manager of the school concerned. The opposite party No. 4, being annoyed with the cooperation extended by her mother, has lodged the impugned F.I.R. making false allegations. The learned A.G.A. has produced before this court copy of the case-diary alongwith the instructions sent by Sri Shashank Maurya, Sub Inspector, P.S. Itiyathok, District Gonda. In the case diary statement of the victim-informant recorded under Section 183, B.N.S.S. by the Magistrate concerned are there. From the same it is evident that the victim has supported the prosecution story. In the instructions it has been stated that co-accused Satya Prakash Singh S/o Bale has been arrested at 11.40 a.m. on 24.07.2025 and the statement has been recorded and he has also been sent on judicial remand to District Jail, Gonda. The accused-petitioner is absconder. Medico-legal examination of the victim has been done and her vaginal swab and smear have been taken, which have been sent to the Forensic Science Laboratory. Having gone through the medico-legal examination report, which has been reproduced in the case-diary, we find no good ground to show interference. The writ petition is accordingly dismissed. (Brij Raj Singh, J.) (Mrs. Sageeta Chandra, J.) Order Date :- 30.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench