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2025 DAILYLAW 161145 (ALL)

ANOOP @ VINOD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS

CRLP/8054/2025 · 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. - 8054 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard Shri Anil Kumar Singh, learned counsel for the petitioner and learned AGA for the State. This petition has been filed with the following prayer:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 7.8.2025 lodged by opposite party No.4 in FIR/Case Crime No.341/2025, under sections 75, 352, 351(3) BNS, Police Station Safipur, District Unnao, as contained in Annexure No. 1 to the writ Petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties to comply with the provision of section 41-A Cr.P.C/35 BNSS and not to arrest the petitioner on the basis of impugned first Information Report dated 7.8.2025 lodged by opposite party No.4 in FIR/Case Crime No.341/2025, under sections 75, 352, 351(3) BNS, Police Station Safipur, District Unnao, as contained in Annexure No. 1 to the writ Petition." Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case on the basis of concocted story. Learned AGA for the State, on the basis of instructions, submits that during investigation Section 64 BNS, 2023 and Sections 3/4 POCSO Act has also been added. Versus Counsel for Petitioner(s) : Anil Kumar Mishra, Arun Chand Pandey, Ram Bahadur Maurya Counsel for Respondent(s) : G.A. Anoop @ Vinod .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others .....Respondent(s) Having considered the submissions(s) of learned counsel for the parties and perusal of the F.I.R., the commissioning of offence cannot be ruled out. The petition is misconceived and lacks merit. Dismissed accordingly. September 3, 2025 Raj CRLP No. 8054 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench