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2025 DAILYLAW 128488 (ALL)

VINOD AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS

CRLP/2150/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37287-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 2150 of 2025 Petitioner :- Vinod And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Sadhu Sharan Chaubey Counsel for Respondent :- G.A.,Amit Kumar Keshari,Kahkashan Zaidi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed with the following main prayers:- (i) issue a writ order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 24.01.2025 preposterously lodged against the petitioners on the basis of false complaint made by the opposite party No. 4 with malafide intention, which has been registered as FIR no. 0022 of 2025, U/s 115 (2), 352, 351 (3) of Bhartiya Nyaya Sanhita, 2023 (In Short BNS, 2023) and section 3 (1) (r), 3 (1) (s) & 3 (2) (Va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In Short SC/ST, Act) at P.S. Ranipur, District Bahraich, in order to secure the ends of Justice. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no. 2 & 3 not not to arrest the petitioners in pursuance of the impugned F.I.R. 3. Learned A.G.A. for the State on the basis of the instructions submits that the investigation has been concluded and the charge-sheet was prepared on 8.3.2025. 4. 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. 5. The writ petition is dismissed with liberty to the petitioners to approach the Competent Court for raising grievances, if any, to the Charge-sheet. Order Date :- 2.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench