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2025 DAILYLAW 128206 (ALL)

GAYA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/2099/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37392-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 2099 of 2025 Petitioner :- Gaya Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mahesh Prasad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. 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 registered on 23.02.2025 in Case Crime No.47 of 2025, under Sections 74, 75, 352, 351(3) of BNS 2023 at Police Station Rampur Mathura, District Sitapur contained as annexure 1 to the writ petition ; (ii). issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to 3 to not to arrest the petitioner in Case Crime No.47 of 2025, under Sections 74, 75, 352, 351(3) of BNS 2023 at Police Station Rampur Mathura, District Sitapur contained as annexure 1 to the writ petition." 3. In para no.10 of the counter affidavit filed by learned AGA, it has been stated that sufficient evidence has been collected against the petitioner, therefore charge sheet has been prepared on 28.03.2025 and submitted before the supervisory authority. 4. In view of the above, this Court finds it inappropriate to interfere and quash the FIR as prayed for. 5. The writ petition is dismissed. Order Date :- 2.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench