DILEEP KUMAR @ DILEEP KUMAR YADAV AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/496/2025 · 2025-01-23
Om Prakash Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118183 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 496 of 2025 Petitioner :- Dileep Kumar @ Dileep Kumar Yadav And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohd. Taufiq Siddiqui Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed with the following main prayers:-
"a.Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned F.I.R. lodged by the opp. no.5 on 13/11/2024 vide F.I.R. No.362/2024, U/S- 324(4), 351(2), 352 BNS at police station - Madhoganj, District- Hardoi as contained in the Annexure no.1 to this writ petition so far as it relates to the petitioner. b. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest or adopt any coercive measures against the petitioners on the basis of impugned F.I.R. lodged by the opp. no.5 on 1/11/2024, U/S- 324(4), 351(2), 352 BNS at Police Station - Madhoganj, District- Hardoi, as contained in annexure no.1 to this writ petition, as offences are punishable upto 2 years." In view of the order proposed to be passed, issuance of notice to private respondent no.5 is dispensed with. Learned A.G.A. has produced before this Court a copy of instructions dated 20.01.2025 sent by Sri Vivek Kumar, Sub Inspector, Police Station Madhoganj, District Hardoi, wherein it has been stated after investigation and finding material evidence against the petitioner, charge-sheet has been prepared and submitted to the Supervisory Authority on 07.11.2024. Instructions are kept on record.
Since the charge-sheet has been prepared by the Investigating OfÏcer, it is presumed that sufÏcient evidence has been collected and filed with the Charge-sheet before the Supervisory Authority for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. This petition is disposed of with a direction to the Supervisory Authority to place the said charge- sheet before the Trial Court within a period of two weeks, if not already placed. Order Date :- 23.1.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench