GYANENDRA PRATAP SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/2514/2025 · 2025-04-15
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17159 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:55991-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2514 of 2025 Petitioner :- Gyanendra Pratap Singh Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Jitendra Singh,Sonam Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A.-I for the State- respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned order dated 10.06.2024 and the entire proceedings initiated by respondent no. 3 against the petitioner in pursuance of History Sheet No. 3062A and Case No. 75 of 2024 (State vs. Gyanendra Singh @ Bauva), P.S.-Aung, District-Fatehpur, and with a further prayer for a direction in the nature of mandamus directing the respondents to stop surveillance and not to harass the petitioner in pursuance of the aforesaid order passed by respondent no.3. 3. Learned counsel for the petitioner submits that initially the history sheet of another individual was mentioned against the petitioner as 3062A; however, the correct history sheet is 3064A. It is submitted that the said error was rectified, and the petitioner's correct History Sheet No. 3064A was opened. He next contended that in the proceedings under Section 302 IPC, the petitioner was acquitted in Case Crime No. 410 of 1996 under Section 302 IPC, P.S.-Aung, District-Fatehpur. In this backdrop, he has placed reliance upon the judgment and order dated 04.03.2024 passed in Criminal Misc. Writ Petition No.9074 of 2022 (Aftab Alam vs. State of U.P. and Others). He has confined his prayer to a direction that the DIG concerned may decide the instant matter in the light of the judgment dated 04.03.2024 passed in Aftab Alam (supra). 4. Shri G.P. Singh, learned A.G.A. opposed the relief and submitted that, in the facts and circumstances, the history sheet of the petitioner is fully sustainable. However, in case the petitioner is inclined to submit a representation before the DIG concerned, the same will be considered in accordance with Regulations 232 and 233 of the U.P. Police Regulations. 5. Considering the factual situation, at this stage, we are not inclined to adjudicate the matter on merits.
It is left open to the petitioner that, in case he submits a fresh representation to the DIG concerned within two weeks from today, dealing with each and every ground raised before him in accordance with Regulations 232 and 233 of the U.P. Police Regulations, the authority shall pass an appropriate order within a further period of three weeks. 6. Accordingly, the instant writ petition stands disposed of. Order Date :- 16.4.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad