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2025 DAILYLAW 159102 (ALL)

OM PRAKASH PANDEY ALIAS JAIN PANDEY AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/7648/2025 · 2025-09-02

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7648 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners and Sri Arun Kumar Pandey learned A.G.A. for the State. 2. By mans of this writ petition, the petitioners have prayed for quashing the F.I.R. dated 16.3.2025 registered as case crime no. 067 of 2025 under Sections 109(1), 194(2), 221, 132, 121(1), 351(2), 352, 115(2), 190, 191(3), 191(2) of the B.N.S. and Section 7 of the Crl. Law Amendment Act, 1932, police station Patti, district Pratapgarh. 3. Learned counsel for the petitioners has stated that the co-accused namely Ramendra Singh@ Ramendra Kumar Singh has been granted interim protection vide order dated 3.6.2025 passed by this Court in Crl. Misc. Writ Petition No. 4894 of 2025 and other co-accused persons namely Anupam Singh, Robin Singh and Saurabh Singh have been granted interim protection vide order dated 3.6.2025 in Crl. Misc.Writ Petition No. 4733 of 2025. Learned counsel submits that on basis of principle of parity the present petitioners may also be granted interim protection. 4. Sri Arun Kumar Pandey, learned A.G.A. has produced a copy of the instructions/letter dated 16.8.2025, which is taken on record. As per the instruction placed on record, it is evident that the petitioners after lodging the impugned F.I.R. were not co-operating in the investigation despite the Versus Counsel for Petitioner(s) : Sarjoo Ram, Aklavya, Prashant Shekhar Counsel for Respondent(s) : G.A. Om Prakash Pandey Alias Jain Pandey And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) service of notice or summon upon him, as such, a non-bailable warrant was issued against the present petitioners and when the petitioner did not appear the proclamation under Section 84 of the B.N.S. has been issued by the learned trial court on 317.2025 and the aforesaid proclamation dated 31.7.2025 has been affixed at the residence of the petitioners on 4.8.2025 and thereafter the said proclamation has been published in the news paper. 5. Learned A.G.A. also submits that the the present petitioners are proclaimed offenders, therefore, they cannot seek parity with the co- accused persons whose liberty has been protected by this Court vide order dated 3.6.2025. Since the present petitioners are proclaimed offenders and proclamation under Section 84 of the BNS has been issued against them and the same has been affixed on the residential address, therefore, the petitioners should filed the appropriate application before the appropriate court of law challenging the proclamation order inasmuch as the proclamation order has not been assailed. 6. Notably, the aforesaid proclamation order has not been assailed in this writ petition, therefore, we hereby dispose of the writ petition finally at the admission stage giving liberty to the petitioner to challenge the proclamation order before the appropriate court of law by filing an appropriate application within a period of two weeks. 7. The petition is disposed of at this stage. September 2, 2025 kanhaiya CRLP No. 7648 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench