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2025 DAILYLAW 156630 (ALL)

ASHOK MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

CRLP/7211/2025 · 2025-08-18

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48048-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7211 of 2025 Petitioner :- Ashok Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Pawan Kumar Tiwari,Aditya Tiwari,Anurag Mishra Counsel for Respondent :- G.A.,Rajeev Yadav,Vinay Kumar Tiwari Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Pawan Kumar Tiwari and Sri Aditya Tiwari, learned counsels for the petitioner, Sri Vipul Kumar Singh, learned AGA for the State-opposite parties no.1, 2 & 3 and Sri Vinay Kumar Tiwari, who has filed Vakalatnama on behalf of opposite party no.4, the same is taken on record. 2. By means of this petition, the petitioner has assailed the impugned FIR bearing FIR/Case Crime No.210 of 2025, under Sections 316(2), 318(4), 352, 351(3) of B.N.S., Police Station- Amethi, District- Amethi. 3. At the very outset, Sri Vinay Kumar Tiwari has shown copy of FIR bearing FIR/ Case Crime No.0077 of 2018, under Sections 427, 435, 452, 506, 504 & 323 of IPC, Police Station- Amethi, District- Amethi wherein the present petitioner is accused no.1. Further, in FIR/ Case Crime No.0164 of 2018, under Section 379 of IPC and Section 2/3 of Prevention of Damage to Public Property Act, 1984, Police Station- Amethi, District- Amethi wherein the petitioner is accused no.1. He has also shown one FIR bearing FIR/ Case Crime No.0168 of 2018, under Section 2/3 of Prevention of Damage to Public Property Act, 1984, Police Station- Amethi, District- Amethi wherein there is one accused in the name of present petitioner but the father's name is different. Sri Vinay Kumar Tiwari has further drawn attention of this Court towards para-34 of the writ petition wherein it has been indicated in the affidavit that except the impugned FIR, the petitioner is having no criminal history of any kind whatsoever. Therefore, Sri Tiwari has stated that the present petitioner has filed wrong affidavit before this Court. 4. On that, learned counsels for the petitioner have stated that the aforesaid fact has not been intimated to them by the petitioner, therefore, they could not disclose that fact in the writ petition. 5. Having considered the submissions of learned counsel for the parties, we hereby dismiss this petition at this stage giving liberty to the petitioner to file a fresh writ petition, if he is so advised. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 18.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench