FARHAN KHAN @ BAISHTWA FARHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. /PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6931/2025 · 2025-08-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155362 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44679-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6931 of 2025 Petitioner :- Farhan Khan @ Baishtwa Farhan Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Faizal Hashmi,Tauseef Ali Ansari 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 to quash the F.I.R. dated 13.05.2025 in case crime no. 0217/2025 lodged at Police Station- Inayatnagar, District- Ayodhya, under Section-67 I.T. Act (contained as annexure no.1) (ii) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No.3 not to arrest the Petitioner in pursuance of the F.I.R. dated 13.05.2025 in case crime no. 0217/2025, lodged at Police Station- Inayatnagar, District- Ayodhya, under Section-67 I.T. Act. (iii) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No.3 to give the benefit of section 35(3) B.N.S.S. to the petitioner."
3. Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 4. Learned A.G.A. for the State has objected to such protection being granted to the petitioner. He has pointed out from the contents of the F.I.R. and also from the instructions that the facebook ID of Bilal Abdulla was verified from Metaverse and the report indicated that it was uploaded by Mobile No. +918850673447 and the victim's obscene video and vulgar language has been used. The said Facebook ID Registration IP- 2401:4900:7dd6:8024:ab18:9aa8:1795:9e9c Registration time 2025-01-16 at 16:55:47 UTC and the IP address is that of Bilal Abdulla which was created and was being administered since long from Maharashtra. The log-in/log- out of the I.P. Address was also verified and Mobile Nos. 6386680234, 7208243234 were identified and CAF details of the same were also obtained. All three Mobile Nos.
8850673447 (Jio), 6386680234 (Airtel) & 7208243234 (Airtel) have been registered in the name of Farhan Khan S/o Mohammad Ansar R/o Salehpur Nimaicha, Sohawal Faizabad, Uttar Pradesh, Pin-224188. 5. The written instructions as well as copy of case diary are kept on record. 6. We have also perused the case diary and we find no good ground to show interference in the impugned FIR. 7. Accordingly, the writ petition stands dismissed. Order Date :- 1.8.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench