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2025 DAILYLAW 119248 (ALL)

MOID AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS .

/603/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5413-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 603 of 2025 Petitioner :- Moid Ahmad And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others . Counsel for Petitioner :- Noorul Hasnain Khan,Rajiva Dubey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "I. issue a writ in the nature of Certiorari, quashing the impugned F.I.R., lodged by Opposite Party No.3 against the petitioners at Police station- Inhauna, District- Amethi on 21-10-2023, U/s 147, 149, 308, 452, 427, 323, 506 I.P.C., vide Crime No. 124/2023, contained as Annexure No.1 to this writ petition. II issue a writ in the nature of Mandamus, commanding the police of Police Station -Inhauna, District - Amethi not to arrest and harass the petitioners in pursuance of the impugned F.I.R. III. issue a writ in the nature of Mandamus, commanding the police of Police Station- Inhauna, District- Amethi to strictly comply with the provisions of Section 41-A Cr.P.C." 3. Learned counsel for the petitioners says that all the offences as mentioned in the F.I.R. carry the sentence upto 7 years of imprisonment and therefore the petitioners are entitled for the benefit of the directions issued by the Hon'ble Supreme Court in the Case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. 4. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by the Station House OfÏcer, Police Station - Inhauna, District - Amethi saying that charge sheet has been prepared and Section 308 of the I.P.C. has been dropped and Section 325 of the I.P.C. has been added in the charge sheet dated 10.01.2025 and the same has been submitted to the Circle OfÏcer concerned for onward submission to the Court. 5. The written instructions are kept on record. 6. Accordingly, the writ petition stands disposed of giving benefit of the direction issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 27.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench