KOMAL SINGH @ MONU SINGH TOMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/10053/2025 · 2025-10-30
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178464 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178464 (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. - 10053 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Shri Arjun Singh Kalhans, learned Counsel for the petitioners and learned AGA for the State.
2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR No.245 of 2025, under Sections 191(2), 109(2), 115(2), 351(2), 352 of B.N.S., 2023, Police Station Jankipuram, District Lucknow.
3. Learned Counsel for the petitioners submits that the impugned F.I.R. has been lodged on the basis of concocted story with false averments on account of dispute of payment of rent of the hotel.
4. Learned AGA has vehemently opposed the submissions of the learned Counsel for the petitioner and submits that there are injuries and also illegal country-made pistol and two live cartridges have been recovered from co-accused, therefore, contention of the petitioner's Counsel is misconceived.
5. Having considered the submissions of learned counsel for the parties and the injury report contained in the instructions dated 27.10.2025 received by learned AGA from Sub-Inspector, Police Station Jankipuram, district Lucknow, the commissioning of offence cannot be ruled out, Versus Counsel for Petitioner(s) : Arjun Singh Kalhans Counsel for Respondent(s) : G.A. Komal Singh @ Monu Singh Tomar And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
therefore, the impugned F.I.R. cannot be quashed in view of the law laid down by the Hon'ble Supreme Court in the case of State of Telangana versus Habib Abdullah Jellani; (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. versus State of Maharashtra and Others; (2021) SCC Online SC 315.
6. In view of above, the petition is dismissed.
October 30, 2025 Ajit CRLP No. 10053 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench