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2025 DAILYLAW 162166 (ALL)

SUDHIR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/8231/2025 · 2025-09-15

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8231 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard, Shri Umesh Singh, learned counsel for the petitioner and learned A.G.A. for the State 2. This petition has been filed with the following prayers:- (i) issue, a writ order or direction in the nature of Certiorari quashing the First Information Report dated 31.05.2025, lodged at Vibhuti Khand, District-Lucknow Eastern (Commissionerate, Lucknow at 18.12 O'clock, under Section 406, 409, 420 IPC, registered as F.I.R. No.0198/2025, contained in Annexure No.1 to this writ petition. (ii) issue, a writ order or direction in the nature of Mandamus commanding the respondent no.3 not to arrest to the petitioner in pursuance of First Information Report dated 31.05.2025, lodged at Vibhuti Khand, District-Lucknow Eastern (Commissionerate, Lucknow at 18.12 O'clock, under Section 406, 409, 420 IPC, registered as F.I.R. No.0198/2025, contained in Annexure No.1 to this writ petition. (iii) issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case. (iv) allow the writ petition with costs in favour of petitioner." 3. Learned counsel for the petitioner submits that the parties have entered into compromise and settled their dispute and Rs.13,10,000/- have been refunded by the petitioner to respondent no.4. It has also been informed to the Investigating Officer. Versus Counsel for Petitioner(s) : Umesh Singh Counsel for Respondent(s) : G.A. Sudhir Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) 4. Learned A.G.A. on the basis of instructions dated 03.09.2025 provided by Shri Rajesh Kumar Sharma, S.I., Police Station-Vibhuti Khand, Lucknow, which has been produced before this court and taken on record, submits that Rs.13,10,000/- has been refunded by the petitioner to the complainant and accordingly the investigation is being done in an impartial manner in accordance with law. 5. Considering the nature of order proposed to be passed issuance of notice to opposite party No.4 is dispensed with. 6. In view of above, without entering into the merits of the case the petition is disposed of with direction to the concerned Investigating Officer to conclude the investigation after considering the compromise entered into between the parties and submit report accordingly. 7. Till filing of the police report no coercive action shall be taken against the petitioner in pursuance of First Information Report dated 31.05.2025, lodged at Vibhuti Khand, District-Lucknow Eastern (Commissionerate, Lucknow at 18.12 O'clock, under Section 406, 409, 420 IPC, registered as F.I.R. No.0198/2025, contained in Annexure No.1 to this writ petition. However he will cooperate in the investigation. September 15, 2025 Banswar CRLP No. 8231 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench