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2025 DAILYLAW 198273 (ALL)

RAJESH KUMAR YADAV ( IN FIR RAJESH YADAV ) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.AND 3 OTHERS

CRLP/11059/2025 · 2025-11-21

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11059 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 AGA appearing on behalf of the respondents no. 1 to 3. 2. No notice need be issued to the respondent no. 4 taking into consideration the nature of order proposed to be passed. 3. Instant writ petition has been filed praying for quashing of the First Information Report dated 13.11.2025 registered as Case Crime No. 0863 of 2025 under Sections 191 (2), 193 (3), 190, 109, 352, 351 (3) of B.N.S, 2023 and Section 7 of the C.L.A Act at Police Station- Kotwali Nagar District- Sultanpur, a copy of which is annexure 1 to the writ petition. 4. Contention of learned counsel for the petitioner is that a perusal of the allegations levelled in the impugned First Information Report would indicate that the petitioners have attacked the complainant and others and have also taken away the tractor. It is contended that no such incident ever occurred and the impugned First Information Report has been lodged in a malicious manner. 5. On the other hand, learned AGA states on the basis of instructions sent by Sri Shanker Baksh Singh, Police Station- Kotwali Nagar District- Sultanpur dated 18.11.2025 that no injury has been sustained to the complaint. Versus Counsel for Petitioner(s) : Prabhat Shukla, Ajay Kumar Pandey, Unnati Shukla Counsel for Respondent(s) : G.A. Rajesh Kumar Yadav ( In Fir Rajesh Yadav ) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko.And 3 Others .....Respondent(s) 6. Considering the aforesaid, the writ petition is disposed of with the direction to the respondents-authorities not to take any coercive action against the petitioner till any cogent/credible evidence is found against them. 7. Needless to mention that the petitioner shall cooperate in the investigation. In case of non cooperation, the petitioner will not be entitled to the benefit of this order. November 21, 2025 Pachhere/- CRLP No. 11059 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench