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2025 DAILYLAW 196917 (ALL)

RAGHVENDRA SINGH @ PINTU AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND OTHERS

CRLP/10729/2025 · 2025-11-17

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10729 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for respondents no.1 to 3. 3. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed. 4. By means of the present petition, petitioners have raised a challenge to the FIR dated 03.11.2025 vide FIR/Case Crime No.0316 of 2025, under Sections 109(1), 352, 351(2), 308(2), 118(2) B.N.S., Police Station Kotwali Dehat, District Pratapgarh. 5. The contention of the learned counsel for the petitioners is that the allegations levelled in the FIR are patently frivolous. It is also contended that even if an incident can be said to have occurred, the same has not resulted to in any serious injuries being caused to the victim. 6. Elaborating the same, the learned counsel for the petitioners has placed reliance on the injury report, a copy of which is Annexure-3 to the writ petition which indicates that only the injury No.3 which has been indicated to be one of incised wound present over occipital region, has been advised for x-ray. 7. Placing reliance on the X-ray report issued by the department of Radiology of the Hospital at Pratapgarh, a copy of which is Annexure-1 to the supplementary affidavit, it is contended that the radiography observation Versus Counsel for Petitioner(s) : Manjeet Singh Counsel for Respondent(s) : G.A. Raghvendra Singh @ Pintu And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko And Others .....Respondent(s) has been indicated in the report as NAD (Nothing Adverse Diagnosed) and as such, it is apparent that only simple injuries have been sustained by the alleged victim. 8. Learned AGA states that the investigation in the matter is still going on. 9. Considering the aforesaid, writ petition is disposed of with the direction to the respondent authorities not to take any coercive action against the petitioners till some any cogent or credible evidence emerges against them. 10 Needless to mention that the petitioners shall cooperate in the investigation. 11. It is also provided that in case the petitioners do not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) November 17, 2025 Reena/- CRLP No. 10729 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench