Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127693 (ALL)

AMIT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND OTHERS

CRLP/2093/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:37383-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 2093 of 2025 Petitioner :- Amit Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Others Counsel for Petitioner :- Anil Kumar Mishra,Kaushal Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Counter affidavit filed by learned AGA is taken on record. 2. Heard learned counsel for the petitioner and learned A.G.A. for the State. 3. By means of this petition, the petitioner has prayed for the following reliefs : "(i). issue a writ, order or direction in the nature of certiorari thereby quashing the impugned FIR dated 11.02.2025 lodged by the opposite party no. 4 against the petitioner which has been registered at Case Crime No.0040 of 2025, under Sections 115(2), 351(2), 352, 126(2) of BNS 2023 at Police Station Atriya, District Sitapur contained as annexure 1 in the interest of justice ; (ii). issue a writ, o rder or direction in the nature of mandamus directing the opposite party nos. 1 to 3 not to arrest the petitioner in Case Crime No.0040 of 2025, under Sections 115(2), 352, 351(2), 126(2), BNS, Police Station Atriya, District Lucknow." 4. In paras 9 and 10 of the counter affidavit, learned AGA has stated that since sufficient evidence has been collected against the petitioner, therefore, charge sheet has been prepared and submitted before the court concerned on 22.03.2025. 5. In view of the above, this Court finds it inappropriate to interfere and quash the FIR as prayed for. 6. The writ petition is dismissed. Order Date :- 2.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench