SOMAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/10917/2025 · 2025-11-18
Pramod Kumar Srivastava, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189063 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189063 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10917 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard Learned counsel for the petitioner, learned AGA for the State and perused the record.
2. Learned counsel for the petitioner has submitted that the petitioner is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
3. Learned counsel for the petitioner has next submitted that civil dispute between the parties has illegally been dragged in criminal court by giving colour to the whole incident and as such, the impugned first information report is liable to be quashed.
4. Learned counsel for the petitioner has next drawn the attention of the Court to an order dated 11.11.2025 passed by co-ordinate Bench of this Court in Cri. Misc. Writ Petition No. 10563 of 2025 (Kamlesh Kumar Mishra Vs. State of U.P. and 3 Others), wherein the writ petition was disposed of with the direction that no coercive action shall be taken against the petitioner, till any cogent/credible evidence is found against him.
5. In view thereof, we dispose of the instant writ petition with the direction to the respondent nos.1 to 3 not to arrest the petitioner, unless any cogent/credible evidence is found against him. Versus Counsel for Petitioner(s) : Sudhakar Mishra, Gauri Singh Counsel for Respondent(s) : G.A. Somai .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
6. It is made clear that the petitioner shall co-operate by all means in the on-going investigation.
7. In case, the petitioner fails to co-operate in the on-going investigation, he will not be entitled to receive the benefit of this order. November 18, 2025 Nadim CRLP No. 10917 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad, Lucknow Bench