Allahabad High Court
Chhotkau Alias Allauddin vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 July, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:37236-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 5667 of 2025
Petitioner :- Chhotkau Alias Allauddin
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others
Counsel for Petitioner :- Mohd. Tabrez Iqbal,Khushnuma Bano
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Brij Raj Singh,J.
This petition has been filed with the following main prayers :-
(i)to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 09.5.2025 registered at case crime no.110 of 2025, under section 137 (2), 65 (2), 71 BNS 2023 and sections 5 (m) /6 POCSO Act, P.S. Ikauna, District Shravasti, so far it relates to the petitioner, as contained in Annexure no.1 to the writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.7 to admit the petitioner at AIIMS Gorakhpur , King George's Medical College, Lucknow or any other established Central or State Government run hospital as this Hon'ble Court may deem appropriate for the treatment of his injuries and direct a team of medical officers to be constituted to conduct a detailed medico legal examination into his medical condition and document his injuries.
(iii) issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to grant protection and ensure safety of the petitioner and his family and crucial witnesses.
It is the case of the petitioner that the petitioner has been falsely implicated in the impugned FIR and the police are trying to arrest him even though he is not named. Initially, the petitioner was named as accused on 25.7.2011 in case crime no.689 of 2011, under section ? 354 IPC, police station ? Ikauna, District - Shravasti where the petitioner was granted bail very next day but police submitted charge sheet on 27.7.2011. The petitioner is still facing trial in case crime no.689/2011.
Later on the petitioner was falsely arrested in relation of rape and murder of minor girl on 08.3.2012 in village Semgarha by the police of police station ? Ikauna.The petitioner has been convicted in the case registered on 08.3.2012 under section 302, 376 IPC and sentenced to death under section 302 by the Sessions Judge Shravasti on 29.3.2014 vide judgment and order passed in Sessions Trial No. 76/2012 [State of U.P. vs. Chhotkau] which sentence has been confirmed by this Court by its judgment and order dated 18.4.2016 in Criminal Appeal No.570 of 2014 and capital sentence reference no.4/2014.
The petitioner has challenged the judgment of the High Court before the Hon'ble Supreme Court in Criminal Appeal No. 361-362 of 2018 and he has been acquitted by the Hon'ble Supreme Court on 28.9.2022 which judgment has been reported in (2023) 6 SCC page 742.
The Hon'ble Supreme Court has noted the financial condition of the petitioner and his inability to engage a private counsel.The Supreme Court had appointed an Amicus Curiae who had argued his matter.
During his incarceration the petitioner had suffered a heart attack and had undergone angioplasty. The medical records of the petitioner are available in Varanasi Central Prison. From the time the petitioner has returned to his native place after acquittal and has resumed his normal routine, he has been facing financial hardship.
The petitioner has approached the Supreme Court by filing writ petition (Criminal) No.310/2023 under Article 32 of the Constitution of India which was dismissed on 28.7.2023.
The complainant/ opposite party no.4 has now lodged the impugned FIR on 09.5.2025 against the petitioner and one Shafiq and his two other friends with the allegation that his minor daughter has been abducted forcibly in Battery Rickshaw but was later recovered by the police after due search. Although the petitioner has not been named in the impugned FIR the petitioner is facing severe pressure of arrest due to the police personnel being inimical to him, hence, this writ petition.
It has been argued by the learned counsel for the petitioner that the petitioner's mother is sick. He is facing financial hardship himself. On 11.5.2025 the petitioner visited the clinic of one Dr. Shaheem in District Bahraich for the treatment of his mother Jannatul Nisha. Some police officers have visited the clinic of Dr. Shaheem and the petitioner was beaten up by the police who also attempted to hurt his wife Anjum. The police took the petitioner to a secluded spot and assaulted him physically. He was brutally tortured and he has also been arrested and sent to the jail on 12.5.2025.
The petitioner, has therefore filed this writ petition seeking protection also.
Learned A.G.A has produced before this Court instructions sent by the Investigating Officer Rajesh Yadav, S.I. police station Ikauna District Shravasti in case crime no.110/2025 and charge sheet has been prepared on 11.6.2025 and the trial court has taken cognizance and four prosecution witnesses have also been examined. The next date indicated in the instructions dated 25.6.2025.
The petitioner is currently in jail. The copy of the instructions from the Supdt of District Jail Shravasti have also been produced before this Court which is kept on record. From the same it is evident that at the time when the petitioner was arrested, medical examination was carried out by the Medical Officer concerned. From the same it is evident that gun shot injury on the left and right leg of the petitioner has already healed.
At present in the X-Ray report no bony injury in both legs was found by the Medical Officer. The petitioner is otherwise in good health.
We are of the opinion that since the petitioner has already been charge sheeted, sufficient evidence may have been collected against him by the Investigating Officer in case crime no. 110/2025, therefore, prayer no.1 as made in the writ petition cannot be entertained at this stage.Whether the evidence collected against the petitioner is credible or not can be examined by the learned trial court which is already seized of the matter.
Insofar as the prayer no.2 in the writ petition is concerned, since there is a certificate of the medical officer of District jail, Shravasti where the petitioner has been found to be in good health and the two gun shot injuries which the petitioner has received long years ago have found to have healed, it cannot be said that the petitioner needs immediate attention of specialist Doctors and, therefore, prayer no.2 as made in the writ petition cannot also be granted. Insofar as prayer no.3 of the writ petition is concerned, the petitioner is already in jail in case crime no.110/2025, therefore, this Court does not find it appropriate to issue any mandamus to State respondents to grant him protection and ensure him safety of his family members.
The writ petition stands disposed of. The instructions from the police station and Jail Superintendent are taken on record.
Order Date :- 1.7.2025
mks
