ASHISH KUMAR v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/10525/2025 · 2025-11-10
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198963 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198963 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10525 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of 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 09.04.2025 bearing F.I.R. No.0161 of 2025, under Sections 420, 467, 468, 471 I.P.C., Police Station Gosaiganj, District Lucknow, a copy of which is Annexure-1 to the petition. 4. The contention of the learned counsel for the petitioner is that for an incident dated 09.04.2025, an F.I.R. has been lodged by the complainant on
09.04.2025. Apart from that, the main allegations that have been leveled in the F.I.R. are against one Shri Uma Kant and the petitioner is alleged to have connived with Shri Uma Kant in having taken the money from the complainant. 5. The argument is that from a perusal of the F.I.R., the main allegation emerges only against Shri Uma Kant and no specific role of the petitioner has emerged, consequently, there cannot be any occasion for the respondent- authorities for harassing the petitioner under the pretext of the aforesaid F.I.R.
6. On the other hand, learned A.G.A. on the basis of the instructions that Versus Counsel for Petitioner(s) : Dharmendra Kumar, Santosh Kumar Giri Counsel for Respondent(s) : G.A. Ashish Kumar .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
during the course of the investigation, the role of the petitioner has emerged yet states that the investigation is still ongoing. 7. Considering the aforesaid as well as the allegation that has been leveled in the F.I.R., the writ petition is disposed of with a direction to the respondent- authorities not to act against the petitioner in pursuance to the impugned F.I.R. unless some cogent and credible evidence emerges against the petitioner during course of the investigation. 8. It is needless to mention that the petitioner shall co-operate in the investigation, failing which, the benefit of this order shall not be made available to him. November 10, 2025 S. Shivhare CRLP No. 10525 of 2025 2 (Mrs.
Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench