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2025 DAILYLAW 119697 (ALL)

SURESH JAISWAL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/693/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6117-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 693 of 2025 Petitioner :- Suresh Jaiswal And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. None is present for the petitioners while learned A.G.A. for the State is present. 2. The present writ petition has been filed with the following prayers: "(i) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 02.01.2025 by opposite party No. 4 against Petitioner in Case Crime No. 0001/2025, U/S 115 (2), 324 (4), 352, 351 (3), P.S- Naveen Modern, District- Shravasti, as annexed in Annexure No. 1. (ii) Issue, a writ, order or direction in the nature of Mandamus directing the opposite parties 2 & 3 to Not to Arrest the petitioners on the basis of impugned First Information Report in Case Crime No. 0001/2025, U/S 115 (2), 324 (4), 352, 351 (3), P.S- Naveen Modern, District- Shravasti." 3. Learned A.G.A. has produced before this Court instructions dated 27.01.2025 sent by Shri Gulab Chaudhary, Sub Inspector, Police Station -Naveen Modern, District- Shravasti, wherein it has been stated that Charge Sheet No.A16 of 2025 dated 16.01.2025 has been prepared against Suresh Jaiswal, Rajendra Jaiswal and Ankit Jaiswal and sent to the supervisory authority i.e. Circle Officer, Ikauna, District Shravasti. 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