MOHD. WASEEM AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/11028/2025 · 2025-11-25
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184146 (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. - 11028 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J. Heard learned counsel for the petitioners and learned AGA appearing on behalf of the respondents no. 1 to 3. Instant writ petition has been filed praying for quashing of the First Information Report dated 04.10.2025 registered as Case Crime No. 0486 of 2025 under Sections 376, 313, 406, 504, 506 I.P.C at Police Station- Gosainganj District- Sultanpur, a copy of which is annexure 1 to the writ petition. Contention of learned counsel for the petitioners is that from a bare perusal of the First Information Report it emerges that main offence as has been indicated, has been committed by Mohd. Afsar. The only role of the petitioners is that when the complainant had approached the house of the Mohd. Afsar, the petitioners are said to have abused her. Further contention is that the allegations as levelled in the impugned First Information Report are patently false and no offence has been committed by the petitioners. Learned AGA on the basis of instructions states that the statement of the victim has been taken under Section 183 B.N.S per which the main offence is said to have been committed by Mohd. Afsar and only offence committed by the petitioners is of having allegedly abused the victim when they went to her house. Considering the aforesaid, the writ petition is disposed of with the direction to the respondents-authorities not take any coercive action against the petitioners unless they have some cogent and credible evidence against the petitioners. Needless to mention that the petitioners shall cooperate in the investigation failing which they would not be entitled to the benefit of this order. November 25, 2025 Pachhere/- Versus Counsel for Petitioner(s) : Saggir Counsel for Respondent(s) : G.A. (Mrs. Babita Rani,J.) (Abdul Moin,J.) Mohd. Waseem And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench