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2025 DAILYLAW 159457 (ALL)

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

CRLP/7743/2025 · 2025-09-03

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. - 7743 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, Sri G.D. Bhatt, learned A.G.A. for the State and Sri Parmendra Kumar Singh learned counsel for the opposite party no. 4. 2. This Court had passed the order dated 26.8.2025, which reads as under :- "1. Heard Sri Dhirendra Pratap Singh, learned counsel for the petitioners and Sri Girjesh Kumar Dwivedi, learned AGA for the State-opposite parties no.1 to 3 and Sri Pramendra Kumar Singh, learned counsel for opposite party no.4. 2. Notably, this is a case wherein FIR has been lodged from both the sides. The impugned FIR has been lodged on 16.08.2025 bearing FIR/Case Crime No.218 of 2025, under Sections 191(2), 191(3), 190, 109, 115(2), 352 & 351(3) of B.N.S., Police Station- Harchandpur, District- Raebareli for the alleged incident dated 15.08.2025. The FIR from the side of the petitioners has been lodged on 15.08.2025 bearing FIR/Case Crime No.217 of 2025, under Sections 191(2), 191(3), 190, 109, 115(2) & 352 of B.N.S., Police Station- Harchandpur, District- Raebareli for the alleged incident dated 15.08.2025 itself. 3. Learned counsel for the petitioners has stated that the first FIR has been lodged from the side of the petitioners whereas the subsequent FIR has been lodged against the petitioners. No one has received any injury from the side of the complainant, however, from the side of the petitioners, some persons have been injured received gunshot injury and their treatment is going on at AIIMS, Raebareli. 4. Learned AGA prays for and is granted one week's time to seek complete written instructions in the matter. He shall also seek instructions as to who have received injuries and also as to who are the aggressors and who are the persons started firing. Since learned counsel for opposite party no.4 has stated Versus Counsel for Petitioner(s) : Dhirendra Pratap Singh Counsel for Respondent(s) : G.A., Pramendra Kumar Singh Ashok Singh And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) that there is one CCTV footage of the area, therefore, while seek specific instructions, learned AGA shall instruct the Investigating Officer to go through such CCTV footage carefully so that correct information could be provided to the Court on the next date. If medical examination of any of the persons has been conducted, such medical examination report/ injury report shall also be shown to the Court. 5. List on 03.09.2025 as fresh. 6. This matter may be taken up immediately after fresh cases. 7. Liberty is given to the learned counsel for the parties to make mention this case on the next date for taking up out of turn". 3. Learned A.G.A. has produced before us the instruction/letter 25.8.2025, which is taken on record. 4. Learned counsel for the petitioners has submitted that the petitioners have received some injuries and the petitioner no. 1 Ashok Singh is admitted in the AIIMS Hospital, Raebareli and no injury has been received by the other side and the other side has also been shown firing against the petitioners. 5. As per the instructions placed on record, this is a case of free fight between the parties wherein the injury has been received by the petitioners and no injury has been received by the other side though this fact has been disputed by the learned counsel for the opposite party no. 4. 6. Keeping in view the gravity of the offence, we do not find that any interim protection may be provided to the petitioners in the writ petition filed under Article 226 of the Constitution of India. 7. Considering the submissions made by learned counsel for the parties, without entering into the merits of the case, we hereby dispose of the petition finally at the admission stage giving liberty to the petitioner to file anticipatory bail application before the competent court of law within a period of three weeks taking all the grounds available to the petitioners and in case any such application is filed the same shall be considered and decided by the court concerned expeditiously. September 3, 2025 kanhaiya CRLP No. 7743 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