ANUP KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/10083/2025 · 2025-11-11
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 182701 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182701 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10083 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Surendra Kumar Mishra, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed challenging the F.I.R, vide Case Crime No.198 of 2025, under Sections 121(1), 121(2), 132, 125(b), 221, 115(2), 352, 351(3), 3(5) of B.N.S & Section 7 of Criminal Law Amendment Act, 1932, Police Station Subeha, district Barabanki. 3. This Court had passed the following order on 07.11.2025:-
"1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. Learned A.G.A. on the basis of instructions submits that a false affidavit has been filed by the petitioners while filing the supplementary affidavit because none of the police personnel have been suspended. Only two police personnel were made line hazir on account of dereliction in discharge of their official duties at the police station. 3. Learned A.G.A. further submits that no possession of the land has been got made by the police station concerned because when the revenue team and police team reached at the spot, the petitioners along-with other persons reached at the spot claiming it to be their land of the other villages, on account of which, the altercation took place in which the government officials have been beaten by the persons who came on the spot, on account of which, they suffered injures, therefore, both the teams returned and no possession of land was either made or got changed by the revenue and the police authorities. 4. Learned counsel for the petitioners prays for some time to seek instructions and argue the case. 5. List on 11.11.2025." Versus Counsel for Petitioner(s) : Surendra Kumar Mishra, Vivek Verma Counsel for Respondent(s) : G.A. Anup Kumar And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
4.
Considering the submissions made by learned counsel for the parties which is recorded in the aforesaid order and going through the contents of the F.I.R, the commissioning of offence cannot be ruled out and there are injuries also sustained by the government officials, therefore, this Court is not inclined to quash the F.I.R vide Case Crime No.198 of 2025, under Sections 121(1), 121(2), 132, 125(b), 221, 115(2), 352, 351(3), 3(5) of B.N.S & Section 7 of Criminal Law Amendment Act, 1932, Police Station Subeha, district Barabankii in view of the Judgement passed by the Hon'ble Apex Court in the case of Neeharika Infrastructure Pvt. Ltd vs State of Maharashtra and Ors. reported in 2021 SCC Online SC 315 as well as in the case of Muskan vs. Ishaan Khan (Sataniya) and Ors. passed in Criminal Appeal No.1531 of 2025. 4. Dismissed accordingly. November 11, 2025 Shahnaz CRLP No. 10083 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench