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2025 DAILYLAW 119107 (ALL)

BRIJMOHAN KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/677/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5990-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 677 of 2025 Petitioner :- Brijmohan Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Arvind Singh,Manuvendra Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A., who appears for the State-respondents. 2. This petition has been filed with the following prayers:- "i. Issue an appropriate writ, order or direction in the nature of Certiorari calling for records of the case and quashing the impugned FIR registered at Gauriganj Police Station, Amethi as Case Crime No. 251 of 2021 dated 18.06.2021 for the offences under Section 420, 419, 409, 406 of the Indian Penal Code, 1860. (Annexure no.1) and the proceedings emanating therefrom as and against the Petitioner - Brijmohan Kumar Singh; ii. Any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. It has been argued by the learned counsel for the petitioner that similarly placed accused has been granted interim relief by this Court in Criminal Misc. Writ Petition Nos.642 of 2025, 645 of 2025 and 661 of 2025, and this Court has directed the respondents to file their counter afÏdavits, and directed the matter to be listed on 18.02.2025. 4. The learned A.G.A. has produced before this Court copy of instructions dated sent by Inspector Jiledar Yadav, Police Station Gauriganj, District Amethi, wherein, it has been stated that charge sheet bearing No.331 of 2021 has been prepared under Sections 406, 409, 419. 420 I.P.C. and Section 66 of the Information Technology Act on 08.09.2021, and has been sent to the Supervisory Authority, which has also been forwarded to the court of A.C.J.M/ F.T.C. (S.D.), and the same is pending before the court concerned and the next date fixed in the matter is 03.02.2025. During investigation, the name of Sher Bahadur Verma @ Anand Verma S/o Ram Karan Verma has been dropped, and one of the accused, Rashid Naseem partner of SKY OCEAN company has been absconding, therefore, charge sheet could not be filed against him and he is being searched. 5. The said instructions are kept on record. 6. Since charge sheet has already been prepared and filed in court of A.C.J.M/ F.T.C. (S.D.) and the next date fixed in the matter is 03.02.2025, it is presumed that sufÏcient evidence has been collected by the Investigating OfÏcer and filed it with charge sheet before the trial court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. 7. Accordingly, the present writ petition is disposed of with liberty to the petitioner to approach the Competent Court for raising his challenge to the charge sheet. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 29.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench