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2025 DAILYLAW 118941 (ALL)

LALIT GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

CRLP/617/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5873-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 617 of 2025 Petitioner :- Lalit Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Petitioner :- Ravindra Kumar Yadava,Chandra Shekhar Agnihotri Counsel for Respondent :- G.A.,Pankaj Kumar Pandey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State- respondent. This petition has been filed with the following prayer : "(i) A writ, order or direction in the nature of certiorari for quashing the First Information Report dated 07.11.2024 lodged at 13:46 P.M. by opposite party no.5 in Case Crime 0526 of 2024, under Sections 126(2), 76 and 351(3) BNS against the petitioner by opposite party no.5, Police Station Thakurganj, District Police Commissionerate West Lucknow. (ii) A writ, order or direction in the nature of mandamus thereby directing the opposite parties to conduct a fair inquiry by C.B.C.I.D. or C.B.I. in the matter, in the interest of justice." Learned A.G.A., on the basis of instructions sent by Shri Ravindra Kumar, Sub Inspector, Police Station Thakurganj, District Lucknow, says that the charge sheet has been prepared and has been sent to the Court concerned on 17.11.2024. The Copy of such instructions is kept on record. Since the charge-sheet has been filed by the Investigating OfÏcer, it is presumed that sufÏcient 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. 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 :- 29.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench