Mayaram Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8686 of 2023 Petitioner :- Mayaram Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko And Others Counsel for Petitioner :- Sudhir Kumar Pandey,Rama Niwas Pathak Counsel for Respondent :- G.A.,Aashish Srivastava,Anuj Kumar Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard leaned counsel for the petitioner, Sri Anuj Kumar Singh, learned counsel for the private respondent, learned AGA who appears on behalf of State-respondents and perused the record. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the impugned First Information Report dated

20.10.2023 registered as FIR/Case Crime No. 235/2023 under Sections 376, 392, 406, 452, 506 IPC at P.S. Aliganj, District Ambedkar Nagar and for a direction to the respondent not to arrest the petitioner pursuant to the impugned FIR. Learned AGA has produced before this Court a photostat copy of the written instructions sent by Inspector, Sri Ram Ugrah, P.S. Aliganj, District Ambedkarnagar along with a copy of the case diary wherein it has been stated that the victim has named the petitioner in her statement recorded under Section 164 Cr.P.C. This Court having perused the statement of the victim recorded under Section 164 Cr.P.C., which is explicit in nature, finds no good ground to show interference in the impugned FIR. In view of the aforesaid, the writ petition is dismissed. The said instructions along with copy of case diary are kept on record. Order Date :- 21.11.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench