SHIV KUMAR @ PUTTAN PASWAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/517/2025 · 2025-01-23
Om Prakash Shukla, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118347 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118347 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4587-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 517 of 2025 Petitioner :- Shiv Kumar @ Puttan Paswan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ambrish Kumar Pandey,Ram Janak Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. (1) Written instructions filed today are taken on record. (2) Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the Opposite party no.1 to 3 and perused the record. (3) In view of the order proposed to be passed, issuance of notice to the Opposite party no.4 is dispensed with. (4) It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the present case. There is a dispute regarding land which is pending between the parties and the petitioners have already lodged an F.I.R. against the informant-father. (5) Learned A.G.A., on the basis of written instructions received by him from the Investigating Officer Shri Virendra Kumar Srivastava, of Police Station Paraspur, District Gonda, says that the Charge-sheet dated 06.01.2025 has been prepared against Jitendra Paswan and Shiv Kumar Paswan under Sections 74/352/351(3) of B.N.S.S. and Section 7/8 of P.O.C.S.O. Act and sent to the Circle Officer, Karnailganj, District Gonda, for onward submission to the Court concerned. (6) 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.
(7) The writ petition is disposed of leaving it open for the petitioners to approach the Appropriate Forum for raising their challenge to the Charge-sheet. Order Date :- 23.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench