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2025 DAILYLAW 121046 (ALL)

SHAMEEM ALIAS MOHMAD SHAMEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/922/2025 · 2025-02-04

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7101-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 922 of 2025 Petitioner :- Shameem Alias Mohmad Shameem Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh,Sadhana Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State-respondent. This 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 20.11.2024 registered at 05:52 hours at Police Station Mawai, District- Ayodhya, vide case crime no. 0195/2024 under section 310(4), 310(5) of B.N.S., 2023 contained as Annexure No. 1 in the interest of justice. (ii) Issue a writ order or direction in the nature of Mandamus Commanding and directing the opposite parties particularly opposite party no. 2 & 3 not to arrest and harass the Petitioner in pursuance of the impugned First Information Report dated 20.11.2024 registered at 05:52 hours at Police Station Mawai, District- Ayodhya, vide case crime no. 0195/2024 under section 310(4), 310(5) of B.N.S., 2023, in the interest of justice. Learned A.G.A. has produced the instructions dated 30.01.2025 sent by Shri Awadhesh Yadav, Sub-Inspector, Police Station Mawai, District Ayodhya, wherein it has been stated that four of the accused, namely, Abdul Manna @ Monu, Mohd. Kaleem @ Behram, Rajveer @ Bhoore and Rehan have been chargesheeted by a charge sheet no.10 of 2025 dated 05.01.2025 and has been submitted in Court on 17.01.2025. The petitioner, Shameem Alias Mohmad Shameem is absconding and the Magistrate concerned has issued non-bailable warrant against him. The said instructions are kept on record. We find no good ground to grant a prayer as made in the writ petition. The writ petition is accordingly dismissed without prejudice to the legal remedy available to the petitioner under the law. Order Date :- 4.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench