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2025 DAILYLAW 158802 (ALL)

YOGENDRA KUMAR SINGH @ ASHU SINGH AND OTHERS v. STATE OF U.P. THRU. SECY. HOME CIVIL SECTT. GOVT.LKO. AND OTHERS

/7663/2025 · 2025-09-12

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. - 7663 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Arjun Singh 'Somvanshi' learned counsel for the petitioners, Sri D. S. Rana, learned AGA for the State and perused the record. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. By means of this petition, the petitioners have assailed the impugned FIR dated 06.07.2025 bearing FIR/Case Crime No.0283/2025 for the offence under Sections 333, 115(2), 352, 351(3), 76, 3(5) of B.N.S., 2023 registered at Police Station- Safipur, District Unnao. 4. Learned AGA has produced the instructions letter dated 18.08.2025 sent by one Anil Kumar Tripathi, Sub Inspector/Investigating Officer, Police Station- Safipur, District Unnao, same is taken on record. 5. As per the aforesaid instructions letter, the investigation has been completed and the charge-sheet has been submitted before the Supervisory Authority. The offences, under which the FIR has been lodged and chargesheet has been forwarded to the supervisory authority, are having punishment of up to seven years, therefore, the petitioners are entitled for the benefit of the judgement of Apex Court in re; Satender Kumar Antil Vs. CBI and others. 6. Keeping in a view the aforesaid facts and circumstances, since the investigation has been completed and chargesheet has been forwarded to the supervisory authority under those sections, wherein the punishment is Versus Counsel for Petitioner(s) : Arjun Singh Somvanshi Counsel for Respondent(s) : G.A. Yogendra Kumar Singh @ Ashu Singh And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Civil Sectt. Govt.Lko. And Others .....Respondent(s) provided up to seven years, so this writ petition is disposed of finally at the admission stage directing the supervisory authority to do the needful strictly in accordance with law but in any case the petitioners may not be harassed unnecessarily in the light of the dictum of Apex Court in Re Satender Kumar Antil (supra). 7. It is also observed that if, the police report is submitted before the court concerned, the learned court concerned shall abide by the dictum of Apex Court in re: Satender Kumar Antil (supra). 8. It is needless to say that the petitioners may file appropriate application before the competent authority i.e. supervisory authority or before the court concerned as the case may be, if they are aggrieved, and such application may be considered strictly in accordance with law. September 12, 2025 Reena/- CRLP No. 7663 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench