ASHISH GAUTAM ALIAS ASHISH KUMAR AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/817/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119804 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6145-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 817 of 2025 Petitioner :- Ashish Gautam Alias Ashish Kumar And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ajay Kumar 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 prayer :
"(i) Issue a writ, order or direction in the nature certiorari thereby quashing the impugned First Information Report lodged by the opposite party no.4 on 18.12.2024 at 21:30 hours, as First Information Report No.312 of 2024, under Sections 191(2), 115(2), 352, 351(3), 126(2), 75 of BNS at Police Station Hasangaj, District Unnao for the incident dated 13.12.2024. (ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.3 not to arrest the petitioners in pursuance of impugned First Information Report lodged by the opposite party no.4 on 18.12.2024 at 21:30 hrs, as First Information Report No.312 of 2024, under Sections 191(2), 115(2), 352, 351(3), 126(2), 75 of BNS at Police Station Hasangaj, District Unnao for the incident dated 13.12.2024."
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the impugned F.I.R. Learned A.G.A., on the basis of instructions sent by Shri Than Singh, Sub Inspector, Police Station
Hasanganj, District Unnao dated 25.01.2025, says that the charge sheet no.05 of 2025 has been prepared on 13.01.2025 against the accused and has been submitted to the Supervisory OfÏcer. One of the accused was found prima facie to be a juvenile and therefore a detailed factual report regarding him has been sent to the Juvenile Justice Board. The Copy of such instructions is kept on record. Since the charge-sheet has been filed by the Investigating OfÏcer, it is presumed that sufÏcient 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 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench