OODHAM SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/5845/2025 · 2025-07-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148782 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148782 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37542-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5845 of 2025 Petitioner :- Oodham Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Pawan Kumar,Dharmendra Raiquar,Seema Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following prayers :- (i) issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR registered in Crime No.0141 of 2025 dated 30.05.2025 under section - 115 (2), 351 (3), 352, 333 BNS and 3 (1) (Gha), 3 (2) (va) SC and ST Act at police station - Hoojorpur, Behraich (U.P.) as contained in Annexure No.1 to this writ petition so far as it relates to the petitioner. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite party no.3 not to arrest the petitioners in FIR No.0141 of 2025 dated 30.5.2025 under sections - 115 (2), 351 (3), 352, 333 BNS and 3 (1) (Gha), 3 (2) (va) SC and ST Act at police station - Hoojorpur, Behraich (U.P.). Learned A.G.A. has produced before this Court instructions dated 30.6.2025 sent by the S.I., police station Huzurpur, Bahraich wherein it has been stated that during the course of investigation the two accused Bhupendra Singh and Udham Singh have been found to be involved and charge sheet no. A-150/2025 dated 27.6.2025 has been prepared which has been sent to Additional Supdt of Police, Bahraich who is the Supervisory Authority. In view of the fact that charge sheet has been prepared 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 at this stage in the FIR and accordingly, the writ petition is dismissed. Order Date :- 3.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench