PREM PRAKASH @ NANHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS
CRLP/608/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119239 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5986-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 608 of 2025 Petitioner :- Prem Prakash @ Nanhu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Vinod Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioners and learned A.G.A., who appears for the State-respondent. This petition has been filed with the following prayers :
"1. Issue a writ order or direction in the nature of certiorari to quash the impugned First Information Report No. 0032 of 2025, under Section - 115 (2), 352, 351 (2), 351 (3), 333, 324 of B.N.S. Police Section -Kotwali Nagar,, District Sultanpur (as contained in Annexure No.1 to this writ petition),
in
the
interest
of
justice.
2. Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 & 3 not to arrest the petitioners in relation to the impugned First Information No. 0032 of 2025, under Section - 115 (2), 352, 351 (2), 351 (3), 333, 324 of B.N.S. Police Section -Kotwali Nagar,, District Sultanpur." Learned A.G.A., has produced before this Court the instructions dated 22.01.2025 sent by Shri Shivanand Yadav, Sub Inspector, Police Station Kotwali Nagar, District Sultanpur, wherein it has been stated that investigation has been completed and charge sheet has been prepared and submitted to the supervisory authority against petitioner no.1, Prem Prakash @ Nanhu and petitioner no.2, Mamta w/o Prem Prakash @ Nanhu on
14.01.2025. The Copy of such instructions is kept on record. Since the has been prepared and submitted to the supervisory authority, 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. The writ petition is disposed of with liberty to the petitioners to approach the Competent Court for raising his challenge to the Charge-Sheet. Order Date :- 29.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench