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2025 DAILYLAW 157598 (ALL)

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

CRLP/7421/2025 · 2025-09-01

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7421 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Arun Kumar Pandey, learned counsel for the petitioner, Sri G.D. Bhatt, learned Additional Government Advocate for the State respondent and perused the record. 2. In view of the proposed order being passed, notice to respondents No. 4 is hereby dispensed with. 3. This writ petition has been filed by the petitioner with the following prayers: "1-To issue a writ order or direction in the nature of Certiorari to quash the First Information Report dated 15.07.2025, bearing FIR No. 0388 of 2025, registered at Police Station Deva, District Barabanki under Sections 2 and 3 of the Public Property Damage Prevention Act, 1984, lodged by the opposite party no.4 against the petitioner as contained in Annexure no.1 to this writ petition. 2-To issue a writ order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner or take any coercive steps against the petitioner in pursuance of the impugned FIR dated 15.07.2025, bearing FIR No. 0388 of 2025, registered at Police Station Deva, District Barabanki under Sections 2 and 3 of the Public Property Damage Prevention Act, 1984, as contained in Annexure no. 1 to this writ petition." 4. Learned A.G.A. has produced the instruction letter dated 12.08.2025 Versus Counsel for Petitioner(s) : Arun Kumar Pandey, Virendra Patel Counsel for Respondent(s) : G.A. Harishchandra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) provided by one Shailendra Yadav, Sub Inspector, Police Station Deva, Barabanki, addressing to the Government Advocate of this Court, the same is taken on record. 5. As per the aforesaid instruction, in the present case, charge sheet bearing no. 386 of 2025 has been filed in the Court on 08.08.2025. 6. Learned counsel for the petitioner has submitted that since the charge sheet has been filed, therefore, he may be given liberty to challenge the aforesaid charge-sheet. 7. In view of the above, without entering into the merits of the case, we hereby dispose of this writ petition finally at admission stage giving liberty to the petitioner to challenge the charge-sheet before the competent Court of law, however, the relief prayed in the present writ petition may not be granted at this stage. 8. Consigned to the records. September 1, 2025 Arun CRLP No. 7421 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench