Petitioner sought quashing of FIR alleging false implication. Court summoned counter-affidavits, listed the case, and restrained coercive steps pending further proceedings.
No coercive steps to be taken against petitioner; ordered appearance before Investigating Officer.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 7206 of 2025
Petitioner :- Yuvraj Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Raghvendra P. Singh,Sarvesh Tripathi
Counsel for Respondent :- G.A.
Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Raghvendra Pratap Singh, learned counsel for the petitioner and Sri Rakesh Kumar Singh, learned Additional Government Advocate for the State.
2. By means of this writ petition, the petitioner has assailed the impugned First Information Report (in short F.I.R.) bearing F.I.R./Case Crime No.0326 of 2025, under Section 109 (1) of Bharatiya Nyaya Sanhita, 2023 and Section 7 of Criminal Law (Amendment) Act, Police Station-Chinhat, District-Lucknow, contained as Annexure No.1 to the writ petition.
3. Learned counsel for the petitioner has stated that the present petitioner has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the impugned F.I.R.
4. Learned counsel for the petitioner has stated that the present petitioner is a student of B.B.A. of Amity University and the relevant paper to this effect has been annexed as Annexure No.2 to the writ petition.
5. Learned counsel for the petitioner has submitted that at the time of incident in question the petitioner was not present on the post and he has been implicated only for the reason that the Scooty, which was found on the spot, belongs to the present petitioner. Though such Scooty (Activa) bearing No. No.UP32-MY-4291 is registered in the name of mother of the present petitioner. There is no eye witness account or last seen evidence showing the culpability of the present petitioner. Investigation is going on and the present petitioner undertakes that he shall cooperate in the investigation properly.
6. Matter requires consideration.
7. Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
8. List this case in the week commencing 06.10.2025.
9. Till the next date of listing, no coercive steps shall be taken against the present petitioner pursuant to the impugned F.I.R.
[Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.]
Order Date :- 13.8.2025 Suresh/
Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench
Yuvraj Singh
State Of U.P.
Rajesh Singh Chauhan
Syed Qamar Hasan Rizvi
As recorded by the court registry
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