NIRMALA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND OTHERS
CRLP/6646/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153362 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43310-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6646 of 2025 Petitioner :- Nirmala Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Surendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record.
2. This writ petition has been filed by the petitioner with following main prayer:
"(1) issue a writ, order or direction in the nature of CERTIORARI thereby quash the impugned First Information Report lodged by the opposite party no.4 on 12.05.2025, in First Information Report No. 0153 of 2025 under section 115(2), 352, 351(3), 125 of the B.N.S., at police station Paraspur, District Gonda, Contained as Annexure No.1, to this writ petition. (ii) issue a writ, order or direction in the nature of MANDAMUS thereby Commanding the opposite parties No.2 and 3 not to arrest the petitioner in pursuance of the First Information Report lodged by the opposite party no.4 on 12.05.2025, in First Information Report No. 0153 of 2025 under section 115(2), 352, 351(3), 125 of the B.N.S., at police station Paraspur, District Gonda, Contained as Annexure No.1 to this writ petition, in the interest of justice."
3. Learned A.G.A. has produced before this court instructions sent by Shri Ravi Prakash Yadav, Sub Inspector, Police Station Paraspur, District Gonda, wherein it has been stated that charge sheet has been prepared on 14.07.2025 and submitted before the supervisory authority. The instructions are taken on record.
4. Sufficient evidence may have been collected against accused persons, therefore, this Court finds it inappropriate to interfere and quash the F.I.R. as prayed for.
5. Accordingly, the writ petition is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 28.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench