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2025 DAILYLAW 121291 (ALL)

ATIKURRA RAHMAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/984/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8156-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 984 of 2025 Petitioner :- Atikurra Rahman And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Kishan Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard the learned counsel for the parties. (2) This writ petition has been filed by the petitioners for the following main prayer:- "i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report lodged by the Opposite party no.4 on 06.07.2024 bearing F.I.R. No.0239/2024, under Sections 351(2), 352, 115(2) of B.N.S. relating to Police Station Haiderabad, District Kheri, as contained in Annexure No.1 to this writ petition." (3) Written instructions filed today are taken on record. (4) Learned A.G.A. says that certain sections have been added during the course of investigation. Learned A.G.A. also says that the Charge-sheet has been prepared and sent to the Supervisory Authority against the accused for onward submission to the Court on 05.12.2024. (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 dismissed with liberty to the petitioners to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 7.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench