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2025 DAILYLAW 153520 (ALL)

PRAVEEN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

CRLP/6680/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43086-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6680 of 2025 Petitioner :- Praveen And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Jagroopan Nishad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard learned counsel for the petitioners, learned A.G.A for the State-respondent nos.1, 2 and 3 and perused the record. (2) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 23.06.2025 lodged by the Opposite party no.4 at F.I.R. No.0182 of 2025, under Sections 191(2), 115(2), 352, 351(3), 333 B.N.S. of 2023 at P.S. Baskhari, District Ambedkar Nagar. (4) Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik Suraksha Sanhita, 2023, (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. (5) Learned A.G.A. for the State-respondents has produced before this Court written instructions dated 25.07.2025 sent by Shri Suraj Kumar, Sub-Inspector of Police Station Baskhari, District Ambedkar Nagar, wherein it has been stated that Charge-Sheet No.A162/2025, dated 11.07.2025 has been prepared and the same has been sent to the Supervisory Authority against the seven accused. (6) The instructions are kept on record. (7) Since the Charge-sheet filed after collection of sufficient evidence before the appropriate Court, no fruitful purpose would be served for this Court to give the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, to the petitioners as the investigation is already complete. (8) Accordingly, we dispose of this petition leaving it open for the petitioners to approach the appropriate Court. Order Date :- 25.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench