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2025 DAILYLAW 98326 (ALL)

VIKAS KUMAR @ BHEESHM v. STATE OF U.P. AND 3 OTHERS

CRLP/21206/2025 · 2025-09-18

J J Munir, Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21206 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. This writ petition has been filed seeking to quash the first information report dated 25.08.2025 giving rise to Case Crime No. 0145 of 2025 under Sections 109(1) 351(3) B.N.S., P.S. Pisawa, District Aligarh. The impugned FIR has been lodged by a Sub-Inspector of Police, alleging a case of attempted murder giving rise to the present crime saying that he had gone to a certain village at 03:30 p.m. in connection with his official work and as he reached the house of Rohit, the petitioner Vikas Kumar @ Bheeshm opened fire at the informant from his roof top. The bullet hit the motorcycle's headlights and it was a narrow escape for the informant. The natives of the village attempted to apprehend the petitioner, but he made good his escape. The police force was summoned and it led to the recovery of a 315 bore cartridge from the petitioner's premises. The petitioner is an accused of Case Crime No. 36 of 2025 under Sections 115(2), 351(3), 352 B.N.S., that was under investigation, where the informant is said to be the Investigating Officer of the said case. The informant has further said that he has filed a charge-sheet in the said case, which led the petitioner to harbour animosity and ill-will against the petitioner, as a result of which he said to have opened fire with an intent to kill the informant. These are kind of allegations, which do not lend themselves to our scrutiny in a writ petition under Article 226 of the Constitution to quash an FIR. These are required to be investigated. There is no good ground to interfere Versus Counsel for Petitioner(s) : Ronak Chaturvedi Counsel for Respondent(s) : G.A. Vikas Kumar @ Bheeshm .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) with the impugned FIR. This writ petition fails and is dismissed. Let this order be communicated to the Senior Superintendent of Police, Aligarh through the Chief Judicial Magistrate, Aligarh by the Registrar (Compliance) by Monday. September 19, 2025 Deepak CRLP No. 21206 of 2025 2 (Pramod Kumar Srivastava, J.) (J.J. Munir, J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad