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2025 DAILYLAW 196708 (ALL)

MOHIT YADAV ALIAS MOHIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/10513/2025 · 2025-11-10

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10513 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. 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. By means of the instant petition, the petitioner has raised a challenge to the F.I.R. dated 28.03.2025 bearing F.I.R. No.46 of 2025, under Sections 3(5), 61(2)(a), 111(2)(b), 111(3), 111(6), 238(b), 310(2), 317(3), 309(4) of B.N.S., 2023 and Sections 3/25 of Arms Act, registered at Police Station Vikas Nagar, District Lucknow 4. The contention of learned counsel for the petitioner is that the petitioner is not involved in the crime as indicated in the said F.I.R. and is unnecessarily being roped in the episode. 5. However, the learned A.G.A., on the basis of instructions sent by Shri Alok Kumar Singh, Investigating Officer, Thana- Vikas Nagar, Distict- Police Commissionerate Lucknow dated 10.11.2025, states that the petitioner is having criminal history of six cases including the present case, the cases being lodged starting from the year 2019 and also include the offence under Section 302 of the I.P.C. and thus the petitioner is not entitled for any relief. 6. The instructions filed today are taken on record. Versus Counsel for Petitioner(s) : Vaibhav Shukla Counsel for Respondent(s) : G.A. Mohit Yadav Alias Mohit Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 7. The petitioner has however raised a plea of alibi in paragraph 7 of the petition so far as it relates to the impugned F.I.R. 8. Learned A.G.A. states that the same is a matter of investigation and would also be investigated. 9. Upon the same being pointed out, the learned counsel for the petitioner states that he has filed an application for surrender vide his application dated 27.10.2025, a copy of which is Annexure-8 to the petition, which is pending before the learned A.C.J.M.-IV, Court No.28, Lucknow and prays that the said application be directed to be disposed of expeditiously. 10. Responding to the aforesaid, the learned A.G.A. states that the said application is fixed for 14.11.2025 and an endeavour would be made to have the said application decided on the same date. 11. The aforesaid statement is recorded. 12. Considering the aforesaid and keeping in view the fact that a cognizable offence is made out in the F.I.R. which is lodged against the petitioner, no case for quashing of the said F.I.R. is made out. 13. Accordingly, keeping in view of the aforesaid observation, the writ petition is disposed of. November 10, 2025 S. Shivhare CRLP No. 10513 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench