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2025 DAILYLAW 121782 (ALL)

SHUBHANSHU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/1000/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8537-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1000 of 2025 Petitioner :- Shubhanshu Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Julfikar Ahmad,Kumar Gaurav Srivastav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Written instructions filed today by the learned A.G.A. are taken on record. (2) Heard the learned counsel for the petitioner and the learned A.G.A. who appears on behalf of the Opposite party no.1 to 3 and perused the record. (3) In view of the order proposed to be passed, issuance of notice to the Opposite party no.4 is dispensed with. (4) Learned counsel for the petitioner submits that the entire prosecution story is totally wrong, false and concocted and actual fact of the case is that the informant – opposite party no.4 has old enmity with the petitioner hence opposite party no.4 with the collusion of the concerned police is harassing the petitioner on the basis of the impugned FIR. Petitioner is not named in the FIR. (5) Learned A.G.A., on the basis of written instructions received by him from the Investigating Officer Shri Raju Sagar, Sub Inspector of Police Station Sarojini Nagar, District Lucknow says that the Charge- sheet dated 06.01.2025 has been prepared against the petitioner and other co-accused persons and sent to the court concerned. (6) 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. (7) The writ petition is disposed of leaving it open for the petitioners to approach the Appropriate Forum for raising their challenge to the Charge-sheet. Order Date :- 7.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench