KAMLESH KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS
CRLP/10563/2025 · 2025-11-11
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184620 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184620 (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. - 10563 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 A.G.A. for the respondents- State No.1 to 3. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed.
2. Instant writ petition has been filed praying for a writ of certiorari quashing the FIR No.0331 of 2025 under Sections 338, 336 (3), 340 (2), 318 (4) of B.N.S., 2023, Police Station Baldirai, District Sultanpur.
3. Contention of the learned counsel for the petitioner is that a perusal of the FIR would indicate that a patently false case has been lodged against the petitioner. Contention is that no such incident ever occurred and the petitioner has been falsely implicated in the aforesaid case.
4. Learned A.G.A. on the basis of instructions states that investigation is going on.
5. Considering the averment as made in the writ petition, a perusal of the FIR and the fact that investigation is going on, it is provided that no coercive action shall be taken against the petitioner till any cogent/credible evidence is found against him.
6. Needless to mention that the petitione shall cooperate in the investigation. In case of non cooperation, the petitioner will not be entitled to the benefit of this order.
7. The writ petition stands disposed of. November 11, 2025 Pachhere/- Versus Counsel for Petitioner(s) : Sudhakar Mishra Counsel for Respondent(s) : G.A. (Mrs. Babita Rani,J.) (Abdul Moin,J.) Kamlesh Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Respondent(s) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench