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2025 DAILYLAW 148232 (ALL)

NAMAN GUPTA @ NAMAN KUMAR GUPTA AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

CRLP/5792/2025 · 2025-07-03

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37557-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5792 of 2025 Petitioner :- Naman Gupta @ Naman Kumar Gupta And 4 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shashank Vikram Shah,Rajnish Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. This petition has been filed with the following main prayers :- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 06.6.2025 lodged by the opposite party no.4, Case Crime No/FIR No.0134/2025, under sections - 115 (2), 352, 351 (2) BNS, police station - Sareni, District Raebareli against the petitioners due to malafide intention by the opposite party no.4, as contained in Annexure No.1 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite party no.2 and 3 not to arrest/ harass the petitioners on the basis of impugned First Information Report." Learned counsel for the petitioners submit that all the sections that have been invoked against the petitioners carry a punishment up to seven years and, therefore, they are entitled to the benefit of Section 35 BNSS in view of the law settled by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Learned A.G.A. prays before this Court instructions sent by Saurabh Kumar, S.I. police station Sareni, Raebareli wherein it has been stated that after investigation charge sheet has been prepared in the matter on 22.6.2025 and sent to the Supervisory Authority. In view of the fact that charge sheet has been prepared in the matter it is presumed that sufficient evidence may have been collected by the Investigating Officer which has to be evaluated by the trial court. We find no good ground to show interference in the FIR at this stage. Accordingly, writ petition is dismissed. Order Date :- 3.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench