Neutral Citation No. - 2025:AHC-LKO:10002-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1319 of 2025 Petitioner :- Shiv Charan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Amar Singh,Virendra Vikram Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1 Written instructions filed today are taken on record. 2 Heard the learned counsel for the petitioners 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. 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 against the petitioners registered as Case Crime No.0143 of 2024, under Section 115 (2) & 351 (3) of BNS Code, 2023 dated 20.11.2024 under police station - Mahigawan, Lucknow North (Commissionerate), District Lucknow contained as Annexure no.1, after calling the relevant records. ii. Issue writ, order or direction in the nature of mandamus not to arrest the petitioners' against the directive of Apex Court as held in Jogender Kumar's case." 5. It has been submitted by the learned counsel for the petitioner that the petitioners have been falsely implicated in the impugned FIR only because of long running enmity between the parties. 6. Learned A.G.A. on the basis of written instructions received by him through S.I. Ravendra Singh, police station – Mahigawan, District Lucknow has stated that chargesheet has been prepared against five accused persons under section 115 (2), 352, 351 (3), 191 (2) BNS and along with case diary has been submitted to the Court concerned on 01.02.2025. 7. 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. 8. 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 :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench