CRIMINAL MISC. WRIT PETITION No. 10983 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:123102-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10983 of 2025 Petitioner :- Om Prakash Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 06.05.2025 lodged in Case Crime No. 0107 of 2025, under Sections- 318(4), 338, 336(3), 340(2), 61(2) B.N.S., 2023, Police Station- Kotwali, District- Gorakhpur. The contention of learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. At this stage, the argument raised by learned counsel for the petitioner involves factual disputes and appraisal of evidence. From the perusal of the material on record and looking into the fact