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2025 DAILYLAW 118330 (ALL)

ILIYAS @ ILIYAS AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS

/584/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5164-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 584 of 2025 Petitioner :- Iliyas @ Iliyas Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Mohd. Taufiq Siddiqui Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Written instructions filed today are taken on record. (2) Heard the learned counsel for the parties and perused the record. (3) This writ petition has been filed by the petitioner for the following main prayer:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned F.I.R. lodged by the Opposite party no.5 on 13.11.2024 vide F.I.R. No.226 of 2024, under Sections 191(2)m 115(2), 352, 351(3) BNS and Section 76 BNS and Section 9G, 9U/10 POCSO Act also added during investigation at Police Station Jethwara, District Pratapgarh, as contained in the Annexure No.1 to this writ petition so far as it relates to the petitioner." (4) Learned A.G.A., on the basis of written instructions received by him from Sub-Inspector of Police Station Jethwara, District Pratapgarh says that Charge-sheet No.207/2024, dated 29.10.2024 has been prepared and filed in the Court of Special Judge, POCSO Act, against the accused on 17.01.2025. (5) Since the Charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge- sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. (6) The writ petition is disposed of with liberty to the petitioner to approach the Competent Court for raising his challenge to the Charge-sheet. Order Date :- 27.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench