AYODHYA PRASAD v. STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. DEPTT. OF HOME LKO. AND 7 OTHERS
A482/9843/2025 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9843 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 12.2.2025 passed by Special Judge, SC/ST Act, Raebareli in FR Case No. 46 of 2023, Case Crime No.322 of 2022, (Ayodhya Prasad vs. State) under Sections 147, 452, 323, 504, 506 IPC and 3 (1) (da) and 3 (1) (Dha) SC/ST Act, P.S. Mill Area, District Raebareli and final report dated 29.09.2022 contained as Annexure nos. 1 and 2 of the petition. 3. Learned counsel for the applicant submitted that final report was submitted by the Investigating Officer in a most mechanical manner on the basis of affidavit submitted by some of the witnesses who were arrested with the private respondent. Thereafter, protest petition was filed which was dismissed by the learned court below in a most cursory manner without considering the injury report therefore, kind indulgence of this court is necessary. 4. Learned AGA vehemently opposed the prayer of applicant and submitted that as the investigation was conducted fairly on the basis of statement of independent witness as well as call detail report of the accused persons, final report was submitted. He further submitted that in the injury report, only complain of pain is reported. Learned AGA also submitted that two FIRs were already lodged against the family members of the informant by the private respondent and case is pending against them therefore, there is no illegality in the order passed by the court below. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application and also looking to the relevant material as the Investigating Officer conducted the investigation by recording Versus Counsel for Applicant(s) : Neeraj Kumar Rai, Ganesh Kumar Gupta Counsel for Opposite Party(s) : G.A. Ayodhya Prasad .....Applicant(s) State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Home Lko.
And 7 Others .....Opposite Party(s)
the statements of independent witnesses in the form of affidavit and these statements also supported call detail report of the applicant, further in the protest petition, there is no allegation that independent witnesses, whose statement were recorded in the form of affidavit, are related to the private respondent therefore, there is no illegality in the order passed by the court below. 6. The application is misconceived and is hereby, dismissed. December 10, 2025 Pks A482 No. 9843 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench