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2025 DAILYLAW 149353 (ALL)

SHIV BAHADUR SINGH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/6002/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38936-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6002 of 2025 Petitioner :- Shiv Bahadur Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Mata Prasad Chaturvedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard the learned counsel for the petitioners and the learned A.G.A. (2) This petition has been filed by the petitioners for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned FIR bearing FIR No.0108 of 2025, dated 10.05.2025, under Sections 352, 351(2) B.N.S., 2023, lodged at Police Station Kotwali Dehat, District Pratapgarh, so far as it relates to petitioners, contained as Annexure No.1 to the writ petition, in the interest of justice. ii) To issue a writ order or direction in the nature of Mandamus commanding the opposite party nos.2 and 3 not to arrest the petitioners during investigation, in the interest of justice." (3) It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged out of long running enmity of the informant with the petitioners. The petitioners have been falsely implicated in the impugned FIR. (4) Written instructions filed today are taken on record. (5) Learned A.G.A., on the basis of written instructions received by him from Mr. Rohit Singh, the Sub-Inspector of Police Station Kotwali Dehat, District Pratapgarh, says that after completion of investigation the Charge-sheet No.75 of 2025, dated 17.05.2025 has been forwarded to the Supervisory Authority and has been submitted in the Court concerned on 18.05.2025. (6) 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. (7) The writ petition is disposed of with liberty to the petitioners to approach the Competent Court for raising their challenge to the Charge-sheet. Order Date :- 9.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench