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2025 DAILYLAW 156901 (ALL)

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

CRLP/7259/2025 · 2025-08-19

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48347-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7259 of 2025 Petitioner :- Asharam And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Jaleel Ahmad Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Jaleel Ahmad, learned counsel for the petitioners and Sri G.D. Bhatt, learned AGA for the State. 2. In view of the proposed order notice to opposite party no. 4 is dispensed with. 3. By means of this petition the petitioners have assailed the impugned F.I.R. dated 11.7.2025 at Case Crime No. 0156 of 2025 u/s 352, 351(3), 324(4) and 191(2) BNS, P.S. Patranga, District Ayodhya. 4. Sri G.D. Bhatt has shown the copy of instruction letter provided by one Sub-Inspector, P.S. Patranga, District Ayodhya addressing to the Government Advocate of this Court, same is taken on record. 5. The perusal of the aforesaid letter reveals that the investigation has been completed and charge-sheet has been submitted before the supervisory authority. 6. However, learned counsel for the petitioners has stated that in a civil dispute without associating the petitioners in the investigation the charge-sheet, if any, has been submitted before the supervisory authority. Learned counsel for the petitioners has also submitted that though the offence under which the F.I.R. has been lodged are having punishment up to seven years but no person can be falsely implicated in any case which is having a civil dispute, therefore, the impugned F.I.R. and charge-sheet, if any, is misconceived. 7. On that learned AGA has submitted that since the charge- sheet has been submitted before the supervisory authority, therefore, the petitioners may approach the supervisory authority ventilating their grievance, if any, and such grievance may be looked into by the supervisory authority before sending the charge-sheet to the learned trial court, if the same has not been sent to the learned trial court but the prayers prayed in the writ petition may not be granted as the same have been rendered infructuous. 8. Having heard the learned counsel for the parties and having perused the record since the charge-sheet is said to have been submitted before the supervisory authority, therefore, the prayers prayed in the writ petition may not be granted. 9. It is needless to say that if the petitioners have any grievance against the manner under which the investigation has been carried out by the Investigating Officer they may approach the supervisory authority preferring a representation / application taking all pleas and grounds which are available to them and it is expected that the supervisory authority may dispose of the grievance of the petitioners strictly in accordance with law. If the charge-sheet has already been sent to the trial court, then the petitioner may take appropriate remedy before the appropriate court of law. 10. In view of the above, writ petition is disposed of. . [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan,J.] Order Date :- 19.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench