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2025 DAILYLAW 155987 (ALL)

VINOD SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/7057/2025 · 2025-08-07

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46054-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7057 of 2025 Petitioner :- Vinod Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ashwini Kumar Ojha,Nirmala Yadav Counsel for Respondent :- G.A.,Ashok Kumar Srivastava,Avinash Srivastava Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri A.K. Ojha, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned AGA for the State and Sri Ashok Kumar Srivastava, learned counsel who has filed Vakalatnama today on behalf of victim/injured, same is taken on record. 2. The petitioner seeks issuance of a writ, order of direction in the nature of Certiorari quashing the impugned First Information Report dated 16.07.2025 bearing FIR/ Case Crime No.0123 of 2025 under Sections 191(2), 191(3), 190, 109(1), 115(2), 352, 351(3) & 324(4) of B.N.S., Police Station- Dilippur, District Pratapgarh. 3. Learned counsel for the petitioner has submitted that two FIRs have been lodged from his side and impugned FIR has been lodged against him. He has further submitted that this is a case of free fight between two rival parties, wherein both side have received injuries. The present petitioner has also received injuries as his injuries are enclosed with the writ petition. The victim in the impugned FIR has been received firearm injuries and the role of firearm has been attributed to the present petitioner. 4. Be that as it may, considering the fact that this is a case wherein both side have lodged FIR against each other and both the side have received some injuries, therefore, the impugned FIR may not be quashed even if the counter affidavit is called. 5. Accordingly, without entering into the merits of the issue, we hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to file an anticipatory bail application or regular bail application before the learned court concerned within a period of two weeks and if such anticipatory bail or regular bail application is filed, the same may be heard and disposed of finally, with expedition without giving any unnecessary adjournment to any of the parties. 6. In view of the aforesaid, the writ petition is disposed of. Order Date :- 7.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench