RAMESH CHANDRA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/6000/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149384 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149384 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39044-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6000 of 2025 Petitioner :- Ramesh Chandra And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Laxmi Verma 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. who appears on behalf of the State- respondent nos.1, 2 and 3. (2) This petition has been filed by the petitioners for the following main prayers:-
"i) Issue a writ, order or directions in the nature of Certiorari for quashing the impugned FIR on 27.05.2025 in Case Crime No.0054 of 2025, under Sections 85, 82(1), 115(2), 352, 351(2) B.N.S. 2023 and Section 3/4 D.P. Act, at Police Station Mahila Thana, District Bahraich, which is contained as Annexure No.1 to this writ petition. ii) Issue a writ, order or directions in the nature of Mandamus commanding the Opposite party nos.1 and 2 not to take any coercive action against the petitioners in pursuance of the impugned FIR on 27.05.2025 in Case Crime No.0054 of 2025, under Sections 85, 82(1), 115(2), 352, 351(2) B.N.S. 2023 and Section 3/4 D.P. Act, at Police Station Mahila Thana, District Bahraich." (2) It has been submitted by the learned counsel for the petitioners that they have been falsely implicated in the impugned F.I.R. It has also been submitted that the dispute being matrimonial in nature between the parties, and there is a fair chance of the matter being settled amicably outside the Court through Mediation. (3) The written instructions are kept on record. (4) Learned A.G.A., on the basis of written instructions
received by him from Ms. Meera Pandey, the Sub- Inspector of Police Station Mahila Thana, District Bahraich, says that after investigation the name of the Petitioner no.4-Tapeshwari Devi, has been dropped. However, the Charge-sheet no.74/2025 dated 21.06.2025 has been prepared after collection of evidence against six of the petitioners under Sections 85, 82(1), 115(2), 352, 351(2) B.N.S. 2023 and Section 3/4 D.P. Act and the same has been submitted to the Supervisory Authority.
(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. (7) However, if the Charge-sheet has not yet been submitted to the Court concerned, the petitioners are given liberty to approach the Supervisory Authority that is Circle Officer concerned and place their case / evidence, if any, in their favour within three days from today. (8) The Circle Officer shall consider the evidence produced by the petitioners and then take a decision whether to submit the Charge-sheet to the Court concerned. Order Date :- 9.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench