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2025 DAILYLAW 186221 (ALL)

MASHI AHMED KHAN (IN FIR MASHI AHMED) v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND OTHERS

/11118/2025 · 2025-12-04

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11118 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 AGA for the State-respondents no. 1 to 3. 2. In view of the proposed order notice to respondent no. 4 is dispensed with. 3. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing of impugned First Information Report dated 27.10.2025 registered as Case Crime No. 127 of 2025 under Sections 126(2), 191(2), 191(3), 109(1), 115(2), 352, 351(3) of BNS, 2023 at P.S. Delhupur, District Pratapgarh and not to arrest the petitioners pursuant to the impugned FIR. 4. The contention of the learned counsel for the petitioners is that a perusal of the impugned FIR indicates that the petitioners are alleged to have assaulted the complainant. 5. It is contended that although in the FIR, it has been indicated that serious injuries have been caused to the complainant but a perusal of the injury report only indicates simple injuries caused to the complainant. 6. Learned AGA, on the basis of instructions dated 25.11.2025 sent by Virendra Kumar, Sub Inspector, P.S. Delhupur, District Pratapgarh states that only simple injuries have been caused to the complainant. Versus Counsel for Petitioner(s) : Dinesh Kumar Ojha Counsel for Respondent(s) : G.A. Mashi Ahmed Khan (In Fir Mashi Ahmed) .....Petitioner(s) State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Others .....Respondent(s) 7. Considering the aforesaid, writ petition is disposed of with a direction to the respondents not to take any coercive action against the petitioners unless some cogent and credible evidence is found against them. However, the petitioners shall cooperate in the investigation. December 4, 2025 A. Katiyar CRLP No. 11118 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench