Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162346 (ALL)

PUTAN SINGH MAURYA @ CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/8365/2025 · 2025-09-15

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8365 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Vidya Kant Sharma, learned counsel for the petitioner and the learned A.G.A. for the State-respondents. 2. The instant writ petition has been filed with the following prayer : "i) issue a writ, order or direction in the nature of Certiorari thereby quashing of the First Information Report lodged by the Opposite party No.4 against the petitioner on 03.08.2025 at about 19.30 hrs at F.I.R. at Case Crime no.0276 of 2025 under section 376, 386, 504, 506 I.P.C. & under section 3 (1)(a) of SC/ST Act, 67 I.T. Act, Police Station Hasanganj, District Unnao (contained as Annexure No.1), ii) issue a writ, order or direction in the nature of mandamus commanding Opposite party No.3 not to arrest the petitioner at Case Crime no.0276 of 2025 under section 376, 386, 504, 506 I.P.C. & under section 3 (1)(a) of SC/ST Act, 67 I.T. Act, Police Station Hasanganj, District Unnao, in the interest of justice. iii) issue a writ, order or direction in the nature of mandamus commanding Opposite party No.2 and 3 to not to harass the petitioner regarding Case Crime no.0276 of 2025 under section 376, 386, 504, 506 I.P.C. & under section 3 (1)(a) of SC/ST Act, 67 I.T. Act, Police Station Hasanganj, District Unnao in which the petitioner is not named in the First Information Report, in the interest of justice." 3. Learned counsel for the petitioner submits that petitioner, who is at present Pradhan of Gram Panchayat Goshalapur, is not named in the impugned first information report but he has been implicated on the basis of statement of victim recorded under Versus Counsel for Petitioner(s) : Vidya Kant Sharma Counsel for Respondent(s) : G.A. Putan Singh Maurya @ Chhotu .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) Section 183 BNSS, whereas the petitioner has already made a complaint to Assistant Police Commissioner, Malihabad, Lucknow dated 26.07.2025 against respondent no.4, victim of the present case, that he is having apprehension of lodging first information report against the petitioner. The victim is residing in same village to which the petitioner is Gram Pradhan and she in collusion with Sripal son of Mahavir, Guddu son of Sripal and Deepu son of Kallu is trying to falsely implicate the applicant. He, thus, submits that impugned first information report is not sustainable in the eyes of law. 4. Learned A.G.A. appearing for State-respondents on the basis of written instruction dated 31.08.2025 received from Arvind Kumar, Circle Officer, Hasanganj, Unnao, which has been placed before this Court and the same is taken on record, submits that name of the petitioner has surfaced during investigation on the basis of statement of the victim recorded under Section 183 BNSS and after investigation charge-sheet has been prepared against the petitioner under Sections 504/506 IPC and Section 3(2)5Ka SC/ST Act and forwarded to the Supervisory Authority who after examining the same shall forward to the competent court. 5. Considering the submissions of learned counsel for the parties and upon perusal of record, this writ petition is disposed off finally with liberty to the petitioner to approach the Superintendent of Police, Unnao along with relevant documents, who shall direct the concerned supervisory officer to consider the same in accordance with Regulation 107 of the Police Regulation and proceed accordingly. September 15, 2025 Rks. CRLP No. 8365 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench