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2025 DAILYLAW 166868 (ALL)

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

CRLP/9150/2025 · 2025-09-26

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. - 9150 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Mr. Mohit Mishra, learned counsel for petitioner, Shri G.D. Bhatt, learned A.G.A. for the State and perused the material available on record. 2. In view of the proposed order to be passed, notice to opposite party no. 4 is dispensed with. 3. By means of the present writ petition, the petitioner has sought following relief:- i). to issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR bearing Case Crime No. 216 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2) of B.N.S. and Section 15 (2) and 15 (3) of the Indian Medical Council Act, 1956, Police Station Mitauli, District Lakhimpur Kheri dated 19.07.2025 as contained in Annexure No.1 to the writ petition. ii). issue a writ, order or direction in the nature of Mandamus commanding the opposite party nos. 2 and 3 to summon the record of investigation from 19.07.2025 till date.. 4. The attention has been drawn towards Annexure No. 6, thereby the Versus Counsel for Petitioner(s) : Mohit Mishra Counsel for Respondent(s) : G.A. Putti Lal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) present petitioner has been granted bail by this Court vide order dated 26.08.2025 passed in Criminal Misc. Bail Application No. 8030 of 2025 (Putti Lal Vs. State of U.P. and others) 5. Considering the aforesaid fact that the petitioner has already been granted bail and allegations levelled in the F.I.R. prima facie appears to be cognizable in nature, this Court cannot quash the impugned F.I.R. under Article 226 of the Constitution of India, therefore, the instant petition is dismissed being misconceived. 6. The investigation may go on and the petitioner may cooperate in the investigation and subject to his proper cooperation the Investigating Officer shall conduct and conclude the investigation. September 26, 2025 Virendra CRLP No. 9150 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench