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2025 DAILYLAW 119545 (ALL)

PAWANESH MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/692/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6112-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 692 of 2025 Petitioner :- Pawanesh Mishra And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Nevedita Gupta 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 as well as learned A.G.A. for the State and Shri Vivek Bhooshan Tiwari, who appeared for the respondent no.4 by filing his 'vakalatnama'. 2. The present writ petition has been filed with the following prayers: "a. Issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 12.09.2024, as Case Crime No.0350/2024, under section 85, 115(2), 352, 351(2) B.N.S. & section 3/4 D.P. Act, Police Station-Unchahar, District-Raibareli as contained in Annexure No.1, to this writ petition. b. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 not to arrest the Petitioners in Case Crime No.0350/2024, under section 85, 115(2), 352, 351(2) B.N.S. & section 3/4 D.P. Act, P.S. Unchahar, District-Raibareli, as contained in Annexure No.1, to this writ petition." 2. It has been submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned F.I.R. 3. Learned A.G.A. has produced before this Court instructions dated 27.01.2025 sent by Shri Sujeet Kumar Yadav, Sub Inspector, Police Station Unchahar, District Raebareli, wherein it has been stated that the Charge Sheet No.362 of 2024 dated 09.11.2024 has been prepared and sent to the court concerned. 4. 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. 5. The writ petition is dismissed with liberty to the petitioner to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 29.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench