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2025 DAILYLAW 165846 (ALL)

RAHUL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/8874/2025 · 2025-09-24

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8874 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1 Heard Shri Abhinav Pankaj, learned counsel for the petitioner and learned A.G.A. 2. This petition has been filed seeking a writ of certiorari quashing the F.I.R. No. 0406 of 2025 dated 26.08.2025, under Sections 61(2)(a), 318(4), 338, 336(2), 340(2), 350 B.N.S.S. and Sections 60 and 72 of U.P. Excise Act, P.S. Krishna Nagar, District Lucknow. 3. Learned counsel for the petitioner submits that the petitioner has wrongly been implicated in the impugned prosecution on the confessional statement of co-accused, who is admittedly the brother of the petitioner. Thus, the submission is that impugned F.I.R. is liable to be quashed. 4. Learned A.G.A. vehemently opposes the prayer of the petitioner and submits that merely because the name of the petitioner has come in the confessional statement of the co-accused, cannot be a ground for quashing of the F.I.R. 5. Having considered the submissions of the learned counsel for the parties and perusal of the contents of the F.I.R., the commissioning of offence cannot be ruled out and the plea of the petitioner and the material, if any, cannot be considered at this stage by this Court for Versus Counsel for Petitioner(s) : Smt. Shikha Srivastava, Abhinav Pankaj, Priyank Yadav Counsel for Respondent(s) : G.A. Rahul .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) quashing of the F.I.R. 6. The petition is, accordingly, dismissed. September 24, 2025 VKS CRLP No. 8874 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench