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2025 DAILYLAW 179746 (ALL)

RAJSHEKHAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/11405/2025 · 2025-12-05

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11405 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners and learned Additional Government Advocate appearing for respondents No. 1, 2 and 3 as well as Sri Siddharth Singh, learned counsel for the complainant. 2. Instant petition has been filed praying for quashing of the first information report dated 19.10.2025 bearing FIR/Case Crime No.0168 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 352, 351(3), 3(5) BNS and sections 3(1) (da), 3(1) (dha), 3(2)(v), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Nawabganj, District Pratapgarh. 3. The contention of learned counsel for the petitioners is that as per the allegations levelled in the FIR, the petitioners are said to have assaulted the complainant. Further contention is that the aforesaid allegations made in the FIR are false, apart from the fact that the nature of injuries as have been described in the FIR, have been exaggerated rather only simple injuries have been suffered by the complainant. 4. On the other hand, learned A.G.A. on the basis of instructions sent by Sri Mukesh Singh Parihar, Sub Inspector, Nawabganj, District Pratapgarh dated 01.12.2025, states that as per the injury report, the said injuries are not fatal; rather only simple injuries with the exception in one injury for which the person was referred for CT Scan of head. Even as per the CT Scan report, the same has been found to be a scalp hematoma with soft tissues swelling which indicate that it is not an injury which could be dangerous to life and further there is no opinion of doctor to indicate that the said head injury suffered by the victim is dangerous to life. Versus Counsel for Petitioner(s) : Ashish Kumar Shukla Counsel for Respondent(s) : G.A. Rajshekhar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others .....Respondent(s) 5. Considering the aforesaid, this petition is disposed of with a direction to the respondent authorities not to take any coercive action against the petitioners till filing of the charge sheet. The petitioners shall cooperate in the investigation. In case of non-cooperation, they will not entitle for the benefit of this order. December 5, 2025 Renu/- CRLP No. 11405 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench