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2025 DAILYLAW 163627 (ALL)

X, JUVENILE FIR NO. 316/2025 P/S.CHHAPIA, DIST. GONDA THRU. HIS GRAND FATHER Y v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/8556/2025 · 2025-09-22

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8556 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Chandresh Mani Shukla, learned counsel for the petitioner and Sri Arun Kumar Pandey, learned AGA for the State who has filed instruction letter dated 10.9.2025, same is taken on record. 2. In view of the proposed order notice to opposite party no. 4 is hereby dispensed with. 3. Learned counsel for the petitioner has filed supplementary affidavit, same is taken on record. 4. By means of this petition the petitioner has prayed for certiorari thereby quashing the impugned FIR No. 316/2025 u/s 331(4) BNS , P.S. Chhapia, District Gonda. 5. Learned counsel for the petitioner has stated that the present petitioner is juvenile and has been falsely implicated in this case for the reasons best known to the informant. However, he has further drawn attention of this Court towards the Annexure no. 1 of the supplementary affidavit which is an application of the informant wherein the informant has indicated that the name of the present petitioner has been included on the basis of suspicion, therefore, no charge-sheet may be filed against the present petitioner. The aforesaid application is supported with an affidavit. Versus Counsel for Petitioner(s) : Chandresh Mani Shukla Counsel for Respondent(s) : G.A. X, Juvenile Fir No. 316/2025 P/S.Chhapia, Dist. Gonda Thru. His Grand Father Y .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 6. Learned counsel for the petitioner has submitted that the present petitioner is a student of B.Sc., Agriculture From Dr. Ram Manohar Lohiya Avadh Vishwavidyalaya, Ayodhya. 7. Per contra, learned AGA has stated that when the informant was not aware about the accused persons then how he can say that the present petitioner has been falsely implicated. If the informant is supporting the present petitioner, it is up to the investigating officer / agency / concerning officer to do the needful but on the basis of instructions the relief prayed in the writ petition may not be granted. 8. Having considered the submission of learned counsel for the parties and having perused the material available on record, since the informant has given an application to the Circle Officer supported with an affidavit saying that the petitioner has been implicated on the basis of suspicion, it is up to the Circle Officer or any other competent officer to do the needful but we cannot direct the police authorities to do the investigation as per the direction of this Court inasmuch as the manner of the direction in view of the present case may not be guided under Article 226 of the Constitution of India. 9. Accordingly, the writ petition is consigned to records. 10. It is needless to say that if no incriminating material or evidence is received from the present petitioner during the investigation, he may not be unnecessarily harassed subject to his proper cooperation in the investigation. September 22, 2025 Om CRLP No. 8556 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench