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2025 DAILYLAW 160406 (ALL)

OM PRAKASH SINGH @ OM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/7930/2025 · 2025-09-03

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7930 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Shri Ashish Kumar Maurya, learned counsel for the petitioner and learned A.G.A. 2. This petition has been filed seeking a writ of certiorari quashing the F.I.R. No. 0219 of 2025 dated 21.07.2025, under Sections 3(5), 191(2), 191(3), 190, 115(2), 352, 351(3), 109(1) B.N.S. and Section 7 of Criminal Law (Amendment) Act, P.S. Patti, District Pratapgarh. A further prayer of mandamus has been sought commanding the respondent nos. 2 and 3 not to arrest the petitioner in connection with the impugned F.I.R. 3. Learned counsel for the petitioner submits that the petitioner has falsely and wrongly been implicated in the present case on the basis of concocted story, whereas the petitioner was not present on the spot. 4. Learned A.G.A., while opposing the submission made the learned counsel for the petitioner, submits that the injuries have been caused to at least two persons and the incident has also been captured in the CCTV camera. 5. Having considered the submissions advanced by the learned counsel for the parties and a perusal of the F.I.R., the commissioning of offence cannot be ruled out and the plea of alibi of the petitioner, if any, cannot be considered in these proceedings. Versus Counsel for Petitioner(s) : Ashish Kumar Maurya, Shiv Pratap Singh Counsel for Respondent(s) : G.A. Om Prakash Singh @ Om Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 6. The petition is, accordingly, dismissed. September 3, 2025 VKS CRLP No. 7930 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench