KAMLESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5174/2025 · 2025-07-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145845 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145845 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41996-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5174 of 2025 Petitioner :- Kamlesh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dilip Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State.
2. The present writ petition has been filed with the following prayers:
"(i) issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 06.05.2025 lodged by the opposite party no.5 at case crime No. 167/2025, U/S 8/20 N.D.P.S Act, Police Station Unchahar, District Raibarelli as contained in Annexure No. 1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 06.05.2025 lodged by the opposite party no.5 at case crime No. 167/2025, U/S 8/20 N.D.P.S Act, Police Station Unchahar, District Raibarelli as contained in Annexure No.1 to the writ petition."
3. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R.
4. Learned A.G.A. has filed short counter affidavit today in Court stating therein that the Charge Sheet No.160A/2025 dated 22.06.2025 has been prepared against the petitioner and submitted before the supervisory authority. The short counter affidavit is taken on record.
5. 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.
6. The writ petition is dismissed with liberty to the petitioner to approach the Competent Court for raising their challenge to the Charge-sheet.
(Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 22.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench