Udaybhan and Anothers v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8726 of 2023 Petitioner :- Udaybhan And Anothers Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ashish Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners, 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

12.10.2023 registered as FIR No. 0346 of 2023 under Sections 323, 506, 436 IPC at P.s. Khargoopur, District Gonda and for a direction to the respondents not to harass or arrest the petitioners pursuant to the impugned FIR. Learned counsel for the petitioners has pointed out the earlier order passed by this Court on 9.11.2023. Learned AGA has produced before this Court a copy of the written instructions dated 28.11.2023 sent by Sri Mritunjay Kumar, Sub Inspector P.S. Khargoopur, District Gonda wherein it has been stated that the FIR No. 0346 of 2023 was lodged against four named accused i.e. Uday Bhan, Gajendra, Govind Pandey and Vijay Pandey. During the course of investigation, the name of Vijay Pandey has been deleted. Evidence was found against accused Govind Pandey and, therefore, he has been arrested on

13.10.2023. Statements of witnesses have been recorded which point out the involvement of the petitioners. The instructions are kept on record. This Court has perused the FIR and also a copy of the case diary which has been produced including photographs of the incident of fire before this Court and finds no good ground to show interference as prayed for. Accordingly, the writ petition is dismissed. Order Date :- 29.11.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench