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Aqib Ullah Khan v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Lko. and Others

Dismissed on merits/Rejected
Court
High Court of Judicature at Allahabad
Decided
13 October 2023
Bench
Sangeeta Chandra, Karunesh Singh Pawar
Case no.
7962/2023

Judgment

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7962 of 2023 Petitioner :- Aqib Ullah Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Lko. And Others Counsel for Petitioner :- Pankaj Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. for the State Respondents and Sri Utkarsh Misra, Advocate alongwith Sri Abhishek Yaduvanshi, Advocate who has filed his power on behalf of the opposite party no. 4..

¶2This writ petition has been filed with the following main prayer:- "i. issue a writ order or direction in the nature of Certiorari quashing the impugned First Information Report No. 0273 U/s 354, 506 IPC, Police Station Kotwali Nagar, District Bahraich dated 27.09.2023 registered at

19.13 Hrs. contained as Annexure No.1 to this writ petition. ii. issue a writ order or direction in the nature of mandamus commanding the Opp. Parties not to arrest. and harass the petitioner in connection with the impugned First Information Report lodged at case crime No. 0273 U/s 354, 506 IPC, Police Station Kotwali Nagar, District Bahraich dated

27.09.2023 registered at 19.13 so lodged by opposite party no. 4."

¶3It has been submitted by learned counsel for the petitioner that all the Sections invoked against the petitioner in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment.

¶4This Court has perused the F.I.R. and finds that there is specific averments therein with regard to the molestation. No prior enmity between the parties has been shown in the pleadings on record.

¶5This Court finds no good ground to show interference in the impugned F.I.R.

¶6The writ petition stands dismissed. Order Date :- 13.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.