Allahabad High Court
CRLP/11221/2025 of RAM KAILASH YADAV AND OTHERS Vs STATE OF U.P. THRU. SECY. DEPTT. OF HOME AFFAIRS LKO. AND OTHERS on 3 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11221 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners, learned AGA appearing for respondents No. 1 to 3 and Sri Vijay Nath Pandey, learned counsel of
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11221 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard learned counsel for the petitioners, learned AGA appearing for respondents No. 1 to 3 and Sri Vijay Nath Pandey, learned counsel of respondent No.4.
2. By means of the instant petition, petitioners have raised a challenge to the FIR dated 01.10.2025 vide Case Crime No.0207 of 2025, under Sections 115(2), 352, 351(2), 125, 118(1) & 110 of B.N.S., 2023, Police Station Umri Begamganj, District Gonda.
3. Contention of learned counsel for the petitioners is that as per the allegation levelled in the FIR, the petitioners have beaten up the victims which has resulted in serious injuries being caused to the victims.
4. Contention of learned counsel for the petitioners is that bare perusal of the impugned FIR would indicate that the provisions/ Sections 118(1) & 110 of the B.N.S. 2023 have been levelled on the basis of same injury which could not validly be done.
5. On the other hand, learned AGA states that Section 118(1) of the B.N.S. now stands converted into Section 118(2) of the B.N.S., 2023. He is unable to indicate that as to how for the same injuries both Sections 110 & 118(2) of the B.N.S. 2023 have been invoked.
6. Learned AGA further states that the investigation is still continuing.
7. Considering the aforesaid, writ petition is disposed of with the direction Versus Counsel for Petitioner(s) : Anand Pal Singh Counsel for Respondent(s) : G.A., Vijay Nath Pandey Ram Kailash Yadav And Others .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko. And Others .....Respondent(s)
to the respondent authorities not to take any coercive action against the petitioners in pursuance to the impugned FIR, till filing of the police report.
8. Needless to mention that the petitioners shall cooperate in the investigation.
9. It is also provided that in case the petitioners do not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 3, 2025 Reena/- CRLP No. 11221 of 2025 2
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench