SARVESH CHAUDHARY @ SARVESH v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
CRLP/10313/2025 · 2025-11-13
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175319 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10313 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the respondents No.1 to 3.
2. No notice be issued to the respondent No.4 taking in view of nature of order proposed to be passed.
3. By means of the instant petition, the petitioner has raised a challenge to the F.I.R. dated 22.10.2025 bearing F.I.R. / Case Crime No.0287 of 2025, under Sections 191(2), 109, 352, 351(3) of B.N.S., 2023, Police Station Harchandpur, District Raebareli.
4. The case set forth by the learned counsel for the petitioner is that on account of an accident that is alleged to have occurred on 22.10.2025, the aforesaid F.I.R. has been lodged by the respondent No.4.
5. The contention is that the incident as alleged in the F.I.R. has never occurred. Even if the same can be said to have occurred, the complainant and others have only suffered simple injuries and as such, the provisions of the B.N.S., 2023 which have been invoked against the petitioner would not be applicable.
6. Responding to the aforesaid, learned A.G.A. states on the basis of instructions sent by Shri Yogesh Kumar Payla, Sub-Inspector, Thana Harchandpur, District Raebareli dated 06.11.2025 that the complainant and others have only received simple injuries. Versus Counsel for Petitioner(s) : Chandra Kishore, Rajesh Kumar Shukla Counsel for Respondent(s) : G.A. Sarvesh Chaudhary @ Sarvesh .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others .....Respondent(s)
7. Considering the aforesaid, the writ petition is disposed of with a direction to the respondents not to take any coercive measures against the petitioner in pursuance to the impugned F.I.R. till some credible or cogent evidence emerges against the petitioner.
8. It is needless to mention that the petitioner shall cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. November 13, 2025 S. Shivhare CRLP No. 10313 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench