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2025 DAILYLAW 153036 (ALL)

MADHURI PREMCHANDRA MISHRA(IN FIR MADHURI MISHRA ) AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/6631/2025 · 2025-07-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43050-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6631 of 2025 Petitioner :- Madhuri Premchandra Mishra(In Fir Madhuri Mishra ) And Another Respondent :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Anamika Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State. 2. Under challenge in this petition is the First Information Report No. 100/2025, under Sections 318(4), 352, 351(3), B.N.S., Police Station- Fatanpur, District- Pratapgarh. 3. Learned counsel for the petitioners submits that all the sections invoked in the impugned F.I.R. carry a punishment of upto 7 years and, thus, the petitioner is entitled to be benefit of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 4. Learned A.G.A. has produced before this court written instructions submitted by Sub Inspector Sri Mrityunjay, P.S. Fatanpur, District Pratapgarh, wherein it has been stated that after investigation has been concluded chargesheet No. 99 of 2025 has been prepared on 05.07.2025 and submitted to the Circle Officer, Raniganj, Pratapgarh. 5. Since chargesheet has been prepared and the investigation has been concluded, no fruitful purpose would be served by granting the benefit of the judgment of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 to the petitioner. Thus, this writ petition is disposed of with liberty to the petitioners to approach the appropriate forum. (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 24.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench