ARVIND AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 2 OTHERS
CRLP/7717/2025 · 2025-09-15
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159327 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159327 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7717 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Mr. Amit Kumar Awasthi, learned counsel for the petitioners; Mr. Arun Kumar Pandey, learned A.G.A. for the State-respondents and Mr. Kishan Tiwari, advocate, who has filed vakalatnama on behalf of the respondent No. 3, which is taken on record. 2. By means of this petition, the petitioners have prayed the following main relief(s):
"(i) Issue a writ, order or direction in the nature of certiorari quashing the FIR (Annexure no.1) so far as relates to the petitioner, in respect of F.I.R No. 529/2025, under section 74/115(2)/352 B.N.S & 7/8 POCSO Act & 3(1)Da/3(2)(va) SC/ST Act P.S Dhaurahra, District Kheri. (ii) Issue a writ, order or direction in the nature of mandamus direction the Opposite parties not to arrest and harass the petitioner in connection with the aforesaid case. (iii) Issue a writ, order or direction in the nature of mandamus directing the Opp. parties for fair investigation in connection with the aforesaid case."
3. Learned A.G.A. has provided instructions letter dated 25.08.2025, which is taken on record. As per the aforesaid instructions, during course of the investigation, the offence under which the F.I.R. has been lodged is prima facie made out against the petitioners. Learned A.G.A. has also informed that the petitioners have not properly disclosed the criminal history of the petitioners inasmuch as one criminal history of the petitioner No. 1 has been disclosed whereas he is having one more Versus Counsel for Petitioner(s) : Amit Kumar Awasthi, Anand Kumar Shukla Counsel for Respondent(s) : G.A. Arvind And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Respondent(s)
criminal history. For petitioner No. 4, the fact has been disclosed that there is no other criminal history whereas he is also having one more criminal history, however, the fact remains that the F.I.R. has been lodged under those sections where the punishment is up to seven years, therefore, no fruitful purpose would be served to keep this petition pending before this Court. 4.
Accordingly, this writ petition is disposed of at the admission stage directing the Investigating Agency to conduct and conclude the investigation in the light of the dictum of the the Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. 5. However, the petitioners shall appear before the Investigating Officer of the concerned police station on 19.09.2025 at 11.00 a.m. to get their statements recorded, if the same have not been recorded as yet, and to co- operate in the investigation. Thereafter, they shall continue to co-operate in the investigation till its completion and filing of police report, failing which, the protection of this order would not be available to them. September 15, 2025 (Manoj K.) CRLP No. 7717 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench