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2025 DAILYLAW 154786 (ALL)

DINESH KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/6867/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44022-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6867 of 2025 Petitioner :- Dinesh Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Mrityunjay Chaubey,Priyam Mishra 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, there by quashing the impugned First Information Report in FIR no. 126/2025 under section 115(2)/352/109/333/351(3) BNS at the police station Badosarai district Barabanki as contained in as annexure no.1 to this writ petition in respect of petitioners. II. Issue an order or direction commanding the opposite parties not to harass the petitioners in the aforesaid First information Report registered at FIR no. 126/2025 under section 115(2)/352/109/333/351(3) BNS at the police station Badosarai district Barabanki." 3. Learned A.G.A. has submitted on the basis of the instruction sent by Himanshu Pandey, Sub Inspector, police station Badosarai district Barabanki that charge has been prepared against Dinesh, Rakesh, Rajesh and Suraj under Sections 115(2)/352/109/333/351(3) BNS namely charge no. 138 of 2025 dated 3.6.2025. It has been submitted in the Court of ACJM, Court No. 12, Barabanki on 29.7.2025. 4. 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. 5. 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