SHIV BHAVAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6617/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153099 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42789-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6617 of 2025 Petitioner :- Shiv Bhavan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Amit Gupta,Vinay Kumar Yadav,Yogendra Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers :
"(i). (i) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned F.I.R. No. 0087/2025 under section 352, 351(3), 324(4), 131 BNS, 2023 which is registered in the Police Station-Jamo, District-Amethi contained as Annexure No. 1, in the interest of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Party No. 3 not to arrest the Petitioner in pursuance of the F.I.R. No. 0087/2025 under section 352, 351(3), 324(4), 131 BNS, 2023 which is registered in the Police Station Jamo, District Amethi contained as Annexure No.1 in the interest of justice."
Learned counsel for the petitioner submits that all sections invoked against the petitioner carry a punishment of upto seven years, and therefore, he is entitled to the benefit of judgment rendered 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. on the basis of the instructions sent by Shri Jagdevan Rajvanshi, Sub Inspector, Police Station Jamo, District Amethi dated 21.07.2025
says that a charge sheet no. 96/2025 dated 12.05.2025 was prepared and has been submitted to the Supervisory Authority. Copy of such instructions is kept on record. Since the investigation has been completed and sufficient evidence has been collected and charge sheet has been submitted to the Supervisory Authority, no fruitful purpose would be served by granting the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). The writ petition is disposed of with liberty to the petitioner to approach the appropriate forum.
Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench