MO. AADIL @ADIL SIDDIQUI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
CRLP/10636/2025 · 2025-11-14
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177892 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10636 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner and learned AGA appearing for the respondents no.1, 2 & 3. 2. In view of the order proposed to be passed, notice to respondent no.4 is dispensed with. 3. By means of this petition, the petitioner has raised a challenge to the FIR dated 10.10.2025 vide Case Crime No. 0239 of 2025, under Sections 3(5), 191(2), 125, 109, 324(4) and 351(2) of B.N.S. (however Section 3(5) and 109 BNS are added later) registered at Police Station Indira Nagar, District Lucknow. 4. The contention of learned counsel for the petitioner is that from a perusal of the FIR, it emerges that the petitioner along with several others had gone to the house of the complainant and is said to have fired which resulted in the bullet hitting a vehicle. Further, one of the accused was caught on the spot. 5. Learned counsel for the petitioner states that the person with the weapon, namely, Sri Yuvraj Singh was caught with the illegal pistol and cartridges from his possession as specifically averred in paragraph 13 of the writ petition and that there is nothing against the petitioner. 6. On the other hand, learned AGA has supported the FIR. 7. Considering the fact that one person has been caught from the spot and the Versus Counsel for Petitioner(s) : Chandan Srivastava, Lavkush Yadav Counsel for Respondent(s) : G.A. Mo. Aadil @Adil Siddiqui .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Respondent(s)
weapon has been recovered from the possession of another accused, as such, the writ petition is disposed of with the direction to the respondent authorities not to take any coercive action against the petitioner in pursuance to the impugned FIR till some credible/cogent evidence is found against the petitioner. 8. Needless to mention that petitioner shall cooperate in the investigation. 9. It is also provided that in case the petitioner does not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. . (Mrs.
Babita Rani,J.) (Abdul Moin,J.) November 14, 2025 Reena/- CRLP No. 10636 of 2025 2
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench