SHOBHA LAL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/1041/2025 · 2025-02-06
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121892 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7656-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1041 of 2025 Petitioner :- Shobha Lal And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Pradyumn Shukla 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., who appears on behalf of State-respondents.
2. This petition has been filed with the following prayers :-
"I. Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report No.0205/2024 dated 14/10/2024 lodged by opposite party No.4 in under sections 85, 115(2), 352, 351(2) BNS at police station- Beeghapur District- Unnao lodged by opposite party No.4 relates to the petitioners as contained in Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus directing the opposite party Nos.2 & 3 not to arrest the petitioners on the basis of the impugned First Information Report No.0205/2024 dated 14/10/2024 lodged by opposite party No.4 in under sections 85, 115(2), 352, 351(2) BNS at police station- Beeghapur, District Unnao, as contained in Annexure No.1 to this writ petition."
3. It has been submitted by learned counsel for the petitioners that all the sections in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment, therefore, benefit of judgment of Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 shall be given to the petitioner.
4. Learned A.G.A. has produced before this Court instructions sent by Ramkaran Yadav, Sub Inspector, Police Station
Beeghapur, District Unnao, wherein it has been stated that chargesheet No.188/2024 dated 10.12.2024 has been submitted to the court concerned on 04.02.2024.
5. Instructions is kept on record.
6. In view of the above, the writ petition stands disposed of accordingly.
7. However, leaving it open for the petitioners to approach the appropriate Forum challenging the same. Order Date :- 6.2.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench