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2025 DAILYLAW 174549 (ALL)

SHIV KUMAR SINGH ALIAS SHIV KUMAR AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

/11264/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11264 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for petitioners, and learned A.G.A. for respondents-State no.1 to 3. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed. 2. By means of this petition, petitioners pray for quashing of the impugned First Information Report No.296 of 2025 under Sections 191(2), 191(3), 190, 351(3), 119(2), 74, 115(2), 61(2) B.N.S., Police Station Bijnor, District Lucknow. 3. The contention of the learned counsel for petitioners is that as per the allegations leveled in the FIR the petitioners are said to have assaulted the complainant and others severely on account of non payment of Goonda Tax. 4. Contention is that the allegations leveled in the aforesaid FIR are patently fallacious as none of the offences as mentioned in the FIR are made out. 5. Learned A.G.A. states that the petitioner No.1 is having five criminal cases registered against him. However, he fairly points out as per the instructions that the complainant and others injured have suffered only simple injuries as per the medical report which has been supplied. 6. Considering the aforesaid and the fact that all the offences as leveled in the FIR with the exception of Section 119(2) B.N.S., carry a punishment up to seven years and as the complainant and others injured have suffered simple injuries as per the instructions given to the learned A.G.A., prima facie Section 119(2) B.N.S. may not be attracted, the writ petition is disposed of with the direction to the respondent authorities not to take any coercive action against the petitioners till filing of the final report/charge- Versus Counsel for Petitioner(s) : Rohit Kumar Tripathi, Pooja Singh, Rama Soni Counsel for Respondent(s) : G.A. Shiv Kumar Singh Alias Shiv Kumar And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) sheet. 7. Needless to mention that the petitioners shall cooperate in the investigation failing which they would not be entitled to the benefit of this order. December 2, 2025 prateek CRLP No. 11264 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench