Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 37040 (ALL)

VIJAYBHAN SINGH THAKUR v. STATE OF U.P. AND 3 OTHERS

CRLP/6632/2025 · 2025-04-16

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56311-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6632 of 2025 Petitioner :- Vijaybhan Singh Thakur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Kumar,Sanjay Singh Parihar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Suneet Kumar holding brief of Sri Narendra Kumar, learned counsel for the petitioner and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents. 2. Sri Harish Chandra Mishra, learned counsel has put in appearance on behalf of the informant. His Vakalatnama filed today is taken on record. 3. This writ petition has been filed praying to quash the first information report dated 23.2.2025 registered as Case Crime No. 12 of 2025, under Sections 318(4), 115(2), 352, 351(3) of B.N.S. and Section 3(2)(va), 3(1)(d), 3(1)(dha) of SC/ST Act, P.S. Katera, District Jhansi and not to arrest the petitioners pursuant to the said FIR. 4. On 9.4.2025 following order was passed:- "1. Heard learned counsel for the petitioner and learned AGA for the State respondents. 2. Learned counsel for the petitioner states that the informant has himself moved an application before the Senior Superintendent of Police, Jhansi wherein he has refuted such incident. The said application is also appended as Annexure No.2 to the writ petition. 3. Learned AGA states that the instant matter relates to SC/ST Act and the effective notice is not served upon the informant. 4. Let notice be issued to the informant/respondent no.4 returnable within one week. Steps be taken within two days. 5. Learned AGA shall ensure effective service/information on respondent no.4 before the next date. 6. Put up this matter again as fresh on 17.04.2024." 5. Pursuant to the aforesaid order learned A.G.A. has filed compliance affidavit. In paragraph 3 of the affidavit it has been stated that regarding the affidavit in the name of informant filed by the petitioner as Annexure-2 to the petition an inquiry was made by the officer and it was found that the affidavit was not given by the informant and a copy of the report dated 16.4.2025 has also been annexed as Annexure-2 to the compliance affidavit. 6. In such view of the matter, we find that a false statement has been made before this Court for the purpose of quashing the impugned first information report. 7. On this ground alone present petition stands dismissed. However, taking a lenient view of the matter no cost is being imposed on the petitioner. Order Date :- 17.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad