Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187312 (ALL)

MANNAN SINGH @ UDAY BHAN AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND 3 OTHERS

CRLP/10833/2025 · 2025-11-15

Abdul Moin, Babita Rani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10833 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 A.G.A. appearing for the respondents No.1 to 3. 2. No notice be issued to the respondent No.4 taking in view of nature of order proposed to be passed. 3. The petition, being aggrieved, has raised a challenge to the F.I.R. dated 25.11.2024 registered as F.I.R. / Case Crime No.0241 of 2024, under Sections 115(2), 117(1), 110, 310(2) of B.N.S., 2023, Police Station Khandas, District Ayodhya, a copy of which is Annexure-1 to the petition. 4. The contention of learned counsel for the petitioners is that there is a dispute ongoing between the petitioners and the respondent No.4 for a long time. It is contended that for an incident which is said to have occurred with the petitioner No.2, who is the mother of the petitioner No.1, she had filed a complaint in which the learned court has passed an order dated 29.09.2025 in which notices have been issued. The copy of the order is annexed as Annexure-3 to the petition. 5. It is contended that for another incident, the respondent No.4 has lodged the impugned F.I.R. under the provisions of Sections 115(2), 117(1) and 110 of B.N.S., 2023 but in order to give some weight to the F.I.R., provision of Section 310(2) of the B.N.S. has also been added. 6. The contention is that a bare perusal of the F.I.R. would indicate that the Versus Counsel for Petitioner(s) : Anurag Singh, Ashwani Kumar Singh Counsel for Respondent(s) : G.A. Mannan Singh @ Uday Bhan And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And 3 Others .....Respondent(s) offence, as per which the said F.I.R. has been lodged, cannot be said to have been committed by the petitioners so far as it pertains to the offence under Section 310(2) of the B.N.S. 7. On the other hand, learned A.G.A. states on the basis of instructions that the investigation in the matter is still going on. 8. Considering the aforesaid, the writ petition is disposed of with a direction that no coercive steps shall be taken against the petitioner till any cogent or credible evidence is found against them. 9. It is needles to mention that the petitioners shall co-operate in the investigation, failing which, the protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. November 15, 2025 S. Shivhare CRLP No. 10833 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench