ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, CIVIL SECTT. AND OTHERS
CRLP/8029/2025 · 2025-09-25
Rajesh Singh Chauhan, S Q H Rizvi
body2025
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[ 2025 DAILYLAW 161507 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161507 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8029 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Ashutosh Mishra, learned counsel for the petitioner, Sri Arun Kumar Pandey, learned Additional Government Advocate for the State- respondent, Ms. Swati Singh, Advocate holding brief of Sri Arvind Kumar Tiwari, learned counsel for the respondent no. 4 and perused the material available on record. 2. By means of this writ petition, the petitioner has assailed the impugned FIR dated 19.08.2025 registered as Case Crime No. 0164 of 2025, under Sections 318(4), 319(2), 338, 336(3), 340(2), 352, 351(3) BNS, Police station Boundi, District Bahraich. 3. Ms. Swati Singh, learned counsel appearing on behalf of the respondent no. 4 has shown a letter pad allegedly issued from the Ministry of Home Affairs, Government of India and the signatory of this letter is the present petitioner addressing himself as Ashish Kumar, IAS, Assistant Secretary, Ministry of Home Affairs. The aforesaid letter is taken on record. Learned counsel for the respondent no. 4 has stated that by way of impersonation, the present petitioner has cheated the informant and other persons. 4. Learned A.G.A. has produced the instructions letter dated 28.08.2025 provided by one Dharmprakash Singh, Sr. Sub Inspector, Police Station Boundi, District Bahraich addressing to the Government Advocate of this Court, the same is taken on record. Learned A.G.A. has drawn attention of this Court towards the impugned FIR, wherein the fact has been indicated that a sum of Rs.6 Lacs has been transferred in the account of the petitioner. In the present case, the petitioner has collected the amount making promise to the informant that he will manage his VISA for United Kingdom. Versus Counsel for Petitioner(s) : Ashutosh Mishra, Manoj Kumar Nishad, Pradeep Kumar Shukla Counsel for Respondent(s) : G.A., Arvind Kumar Tiwari, Swati Singh Ashish Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. And Others .....Respondent(s)
5. Having considered the submissions of learned counsel for the parties, since the allegations against the petitioner are having cognizable offences, therefore, the same may not be interfered by means of Article 226 of the Constitution of India. 6. Accordingly, this writ petition is dismissed being misconceived. 7.
It is needless to say that the petitioner may avail any appropriate remedy before the appropriate competent Court of law September 25, 2025 Arun CRLP No. 8029 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench