Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 198529 (ALL)

ANKIT SINGH v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/10176/2025 · 2025-11-10

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10176 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Sri Neeranjan, Advocate has filed his power on behalf of the respondent No.4 alongwith counter affidavit, which is taken on record. 2. Heard Sri Prem Prakash Singh, learned counsel for the petitioner, learned A.G.A. for the State and Sri Neeranjan, learned counsel for the respondent No.4. 3. This petition has been filed seeking following main relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17/08/2025 vide Case Crime No.-621/2025, under Sections 89, 69, 115(2), 352, 351(3) B.N.S. and Section 3(1)r, s, 3(2)v, 3(2)(va) of S.C./S.T. Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar, lodged by the opposite party no.-4 against the petitioner (contained as Annexure No.1)." 4. Learned counsel for the petitioner submits that the impugned F.I.R. has been lodged on the basis of wrong and concocted story, whereas no offence has been committed by the petitioner and in this regard, an affidavit has also been given by the respondent No.4 to the Investigating Officer concerned on 04.11.2025. Thus, he submits that the impugned F.I.R. is not sustainable. 5. Learned counsel for the respondent No.4 does not dispute the contention of learned counsel for the petitioner and submits that the Versus Counsel for Petitioner(s) : Prem Prakash Singh, Javed Khan Counsel for Respondent(s) : G.A. Ankit Singh .....Petitioner(s) State Of U.P. Thru. Addl. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) impugned F.I.R. was lodged under the influence of family members of the respondent No.4 only because the petitioner and the respondent No.4 are working together. He further submits that the respondent No.4 has already given an affidavit to the Investigating Officer concerned and has also got her statement recorded under Section 183 B.N.S.S., 2023 and she had stated that she does not want to pursue the impugned F.I.R. 6. Learned A.G.A., on the basis of old instructions, submits that the respondent No.4 has supported the prosecution case, however, he submits that in case aforesaid affidavit has been given by the respondent No.4 and her statement has been got recorded under Section 183 B.N.S.S., 2023 then the Investigating Officer shall conclude the investigation and submit it's report accordingly. 7. In view of above, this petition is disposed of with direction to the Investigating Officer concerned to consider the aforesaid affidavit filed by the respondent No.4 and the statement recorded under Section 183 B.N.S.S., 2023 and conclude the investigation and forward it's report accordingly. 8. It is provided that till filing of police report after conclusion of investigation, the petitioner shall not be arrested in connection with the impugned F.I.R. subject to his co-operation in the investigation. November 10, 2025 Saurabh CRLP No. 10176 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench