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2025 DAILYLAW 159575 (ALL)

SHER SINGH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

CRLP/7821/2025 · 2025-09-18

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. - 7821 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Ms. Satakshi Shukla holding brief of Sri Dheeraj Awasthi, learned counsel for the petitioners and Ms. Ankita Tripathi, learned AGA for the State. Sri Kunwar Bahadur Singh, learned counsel, has put in appearance on behalf of opposite party no. 4. 2. In view of the proposed order, notice to opposite parties no. 5 to 9 is dispensed with. 3. Instruction letter dated 22.8.2025 produced by learned AGA is taken on record. 4. By means of this writ petition the petitioner has prayed for the following reliefs: i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report lodged by the Opposite Party No. 4 on the basis of false and fabricated facts on 13.06.2025 at Case Crime No. 188 of 2025, under Sections 333, 109, 115(2), 351(3), 352, 191(2), 191(3) BNS, Police Station Auras, District Unnao (Annexure No. 1) to the extent it relates to the false implication of the Petitioners; and ii. Issue a writ, order or direction in the nature of Mandamus thereby restraining the Opposite Party Nos. 1, 2 and 3 from taking any coercive action against the Petitioners in connection to the impugned First Information Report lodged by the Opposite Par No. 4 on the basis of false and fabricated facts on Case Crime N 188 of 2025, under Sections 109, 333, 191(2), 191(3) 115(2), 3 351(3) BNS, Police Station Auras, District Unnao (Annexure 1) to this writ petition. Versus Counsel for Petitioner(s) : Dheeraj Awasthi Counsel for Respondent(s) : G.A. Sher Singh And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) 5. Ms. Satakshi Shukla, learned counsel for the petitioner has stated that in the present case, the investigating officer has adopted the selecting approach deleting the name of some accused persons for the reasons best known to him, harassing the petitioner despite the fact that they have been falsely implicated. 6. Learned counsel for the opposite parties have opposed the aforesaid submission of Ms. Shukla, therefore, Ms. Shukla has requested that the petitioner may be given liberty to file anticipatory bail application before the competent court of law and a direction be issued to decide the same with expedition. 7. Considering the aforesaid innocuous request of learned counsel for the petitioner and without entering into the merits of the issue, we dispose of the writ petition at the admission stage giving liberty to the petitioners to file anticipatory bail application before the competent court of law within two weeks taking all the pleas and grounds available to them and if such anticipatory bail application is filed, the same shall be heard and disposed of on its own merits. 8. The writ petition is disposed of accordingly. September 18, 2025 Fahim/- CRLP No. 7821 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench