Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21455 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. The allegation against the petitioner is about causing a deadly assault using a firearm upon the informant while he was riding his Honda car. There are damage done to the car by bullets.
2. Learned Counsel for the petitioner argues that it is not the petitioner, who opened fire but the allegation is that he, in conspiracy with the assailants, caused the assault employing fire arms.
3. These are the allegations with which we cannot probe in the exercise of our jurisdiction under Article 226 of the Constitution. These are the matters requiring mainstream investigation.
4. It is argued at this juncture by the learned Counsel for the petitioner that this FIR has been designedly got lodged because the petitioner had earlier prosecuted the informant for an offence under Section 420 et cetera vide Crime No. 355 of 2024 under Sections 120(B), 406, 420, 471, 468 and 467 of the Indian Penal Code, 1860, Police Station- Partapur, District- Meerut. This is a possibility, but the allegation of assault, employing gunfire, is too serious to be explained away on the basis of mala fide implication. Versus Counsel for Petitioner(s) : Ashish Kumar Dwivedi Counsel for Respondent(s) : G.A. Subhash Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. There is no good ground to interfere with the impugned FIR in the exercise of our jurisdiction under Article 226 of the Constitution. This petition is summarily dismissed. September 22, 2025 Prashant D.
CRLP No. 21455 of 2025 2 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad