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2025 DAILYLAW 123423 (ALL)

ARVIND KUMAR VERMA v. STA0TE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/1340/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9969-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1340 of 2025 Petitioner :- Arvind Kumar Verma Respondent :- Sta0te Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shailendra Singh Chauhan,Hanumant Lal Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned AGA for the State. This writ petition has been filed with the following two main prayers:- "(i). Issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned First information report No 1137/2022, U/S 135 E.C. Act, at police Station Anti Power Theft,, District Anti Power theft contained as ANNEXURE NO.1 to this writ petition.. (ii) issue a writ, order or direction in the nature of MANDAMUS be issued the opp. Parties not to arrest the petitioner in pursuance of the impugned First information report No 1137/2022, U/S 135 of E.C. Act, at police Station Anti Power Theft,, District Anti Contained as ANNEXURE to this writ petition." Learned counsel for the petitioner says that the respondent no. 4 Junior Engineer has issued a notice to which the petitioner has replied. Learned AGA has produced before this Court the instructions dated 13.02.2025, sent by Sub Inspector P.S. A.P.T. (Anti Power Theft) District Sultanpur whrein it has been stated that charge sheet dated 21.12.2024 has been prepared and sent to the supervisory authority. Instructions are kept on record. Since the charge-sheet has been prepared by the Investigating OfÏcer, it is presumed that sufÏcient 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. The writ petition is dismissed with liberty to the petitioner to approach the Competent Court for raising his challenge to the Charge-sheet. Order Date :- 14.2.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench