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2025 DAILYLAW 154644 (ALL)

MOHAMMAD ISRAIL SHAH @ MOHD. ISRAIL AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS

CRLP/6865/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44013-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6865 of 2025 Petitioner :- Mohammad Israil Shah @ Mohd. Israil And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Shivam Srivastava,Mohit Singh,Rahul Kumar Shukla 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 and perused the record. 2. This petition has been filed with the following prayers:- " i. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report dated 11.07.2025, lodged by the informant (opposite party no.4), against the petitioners and others, vide Case Crime no. 186/2025, under section-85, 115(2) 352, 351(3) 82 B.N.S. & 3/4 D.P. Act Police Station Khodare, District Gonda, contained Annexure No.1 to this writ petition. as ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties and directing the opposite parties no. 2 & 3 not to arrest or detain the petitioners on the basis of the impugned first information report dated, 11.07.2025, lodged by the informant (opposite party no.4), against the petitioners and others, vide Case Crime no. 186/2025, under section 85, 115(2) 352, 351(3) 82 B.N.S. & 3/4 D.P. Act Police Station Khodare, District Gonda, contained as Annexure No.1 to this writ petition, in the interest of justice." 3. It has been submitted by the learned counsel for the petitioner that the informant was married to Saddam Hussain, son of the petitioner no. 1 on 1.5.2027 but dispute broke out as a result of which impugned F.I.R. has been lodged implicating the entire family. 4. Learned A.G.A. has produced before this Court instruction sent by Abishek Verma, Sub Inspector, Police Station Khodare, District Gonda, wherein it has been stated that after collection of evidence charge sheet has been prepared against Saddam Hussain, Mohd. Isreal, Sairul Nisha and Mohd. Akram. 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 accordingly dismissed. Order Date :- 30.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench