RAJRANI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/8148/2025 · 2025-09-02
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 161205 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161205 (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. - 8148 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Shiv Prakash Dwivedi, learned counsel for the petitioners, learned A.G.A. for the State and Sri Baljeet Singh, learned counsel for the respondent no.4. 2. This petition has been filed with the following prayers:-
"I. A writ order or direction in the nature of certiorari to quash the impugned F.I.R registered at Police Station- Bakshi Ka Talab, District- Lucknow, dated-17.08.2025 at 03:12 in Case Crime No. 0328 of 2025, under sections 190, 191(2), 191(3), 115(2), 118(1), 109(1), 333, 351 (3) and 352 of Bhartiya Nyaya Sanhita, 2023, lodged by opposite party no. 4 against the petitioners on false and fabricated ground as contained in Annexure No.1 to this writ petition. II. A writ order or direction in the nature of Mandamus thereby commanding to the opposite parties no. 2 & 3 not to arrest the petitioners in pursuance of the impugned F.I.R registered at Police Station- Bakshi Ka Talab, District- Lucknow, dated- 17.08.2025 at 03:12 in Case Crime No. 0328 of 2025, under sections 190, 191(2), 191(3), 115(2), 118(1), 109(1), 333, 351 (3) and 352 of Bhartiya Nyaya Sanhita, 2023, lodged by opposite party no. 4 against the petitioners on false and fabricated ground."
3. Learned counsel for the petitioners submits that there was a quarrel between the petitioners and the respondent no.4 along with others on the ground of hitting by the vehicle (tractor) of one of the petitioners. He Versus Counsel for Petitioner(s) : Shiv Prakash Dwivedi, Rudresh Kumar Sharma Counsel for Respondent(s) : G.A., Baljeet Singh, Suneel Kumar Rajrani And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
further submits that a complaint from the petitioners' side was submitted before the Police Station- Bakshi Ka Talab on the same date, but in regard to the same, the F.I.R. on the said complaint was not lodged because the police personnel were pressurizing the petitioners for removing the allegations of Section 109(1) B.N.S. from the complaint, whereas, the petitioners were sent for medical along with police personnel on the same date.
He next submits that the F.I.R. of the petitioners was lodged only after four days on 22.08.2025 vide F.I.R. No. 336 of 2025 under Sections 115(2), 351(3), 352, 190, 191(2), 191(3), 118(1) of B.N.S., 2023 at Police Station- Bakshi Ka Talab, District- Lucknow North (Commissionerate Lucknow), but Section 109(1) has not been added in it, whereas, the same has been added in the F.I.R. lodged by the respondent no.4. He also submits that the police personnel himself had gone for the medical of the petitioners and there were serious injuries and the F.I.R. of the petitioners should also have been lodged by the police on the information given by the petitioners, thus, the petitioners have constrained to approach this Court. 4. Learned counsel for the respondent no.4 submits that the side of the respondent no.4 has suffered serious injuries and one person from the side of the respondent no.4 has to be operated in Neurosurgery Department, K.G.M.U.. Thus, the submission is that it cannot be said that the offense is not made out. 5. Learned A.G.A. submits that he could not get the instructions. 6. Having considered the submissions of learned counsel for the parties and perused the records based on record of this petition and the medical report produced by the counsel for the respondent no.4, it cannot be said that the commissioning of the offense is not made out. Therefore, this petition is dismissed. September 2, 2025 Arpan CRLP No. 8148 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench