INDRAPAL SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS
CRLP/833/2025 · 2025-01-30
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 119848 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119848 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6363-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 833 of 2025 Petitioner :- Indrapal Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others Counsel for Petitioner :- Alok Kr. Misra 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.
2. This Writ Petition has been filed with the following relief(s):
"i) Issue writ order in nature of certiorari for quashing the impugned first information report dated 20.11.2024 lodged by opposite party no.4 under section 115(2), 352,351(3),74,304(2) of B.N.S. and Section 3(1) (द), 3(1) (घ), 3(2)(va), 3(1) (W) of SC/ST Act in FIR/Case Crime No.438/2024, PS-Paraspur, District Gonda, contained as Annexure no.1 in respect of petitioner, in the interest of justice. ii) Issue writ order in nature of mandamus commanding to opposite party no.2 & 3 that on the basis of impugned first information report they not arrest the petitioners, in the interest of justice"
3. Learned counsel for the petitioners submitted that the petitioners are completely innocent and have been falsely implicated in the impugned F.I.R.
4. Learned A.G.A. has produced before this Court a copy of the instructions dated 25.01.2025 sent by Sandeep Verma, Sub- Inspector, Police Station Paraspur, District Gonda, wherein it has been stated that the investigation has been completed and charge-sheet has been submitted against Indrapal Singh, Manoj Singh under Sections 115(2)/352/351(3) B.N.S. and relevant Section of S.C./S.T. Act. The charge-sheet is with the Additional Superintendent of Police, Gonda.
5. 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.
6. The writ petition is disposed of with liberty to the petitioners to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 30.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench