Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 159433 (ALL)

DHEERAJ YADAV AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. LKO. AND OTHERS

CRLP/7768/2025 · 2025-09-17

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7768 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Tribhuvan Narain Singh, learned counsel for the petitioners and Sri Prem Shankar Trivedi, learned A.G.A. for the State-opposite parties no.1 to 3. 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 bearing FIR/Case Crime No.0290 of 2025, under Sections 115(2), 352, 351(3) of B.N.S. and Sections 3(2)(va) and 3(1)(Da) of SC/ST Act, Police Station- Kachhauna, District- Hardoi. 4. Learned counsel for the petitioners has submitted that the offences under which the FIR has been lodged are having punishment upto seven years, therefore, benefit of the dictum of the Apex Court in re; Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51, may be given to the petitioners. 5. Learned AGA has informed, on the basis of instructions, that investigation has been completed and charge sheet has been sent to the Supervisory Authority and the same may likely be sent to the court concerned very soon. Versus Counsel for Petitioner(s) : Tribhuvan Narain Singh Counsel for Respondent(s) : G.A. Dheeraj Yadav And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Govt. Lko. And Others .....Respondent(s) 6. Having considered the aforesaid submissions of learned counsel for the parties, nothing remains to be adjudicated in this petition, therefore, the writ petition is consigned to record. 7. It is needless to say that if the offences under which the FIR has been lodged are having punishment upto seven years, benefit of the dictum of the Apex Court in re; Satender Kumar Antil (supra) may be provided to the petitioners. September 17, 2025 RBS/- CRLP No. 7768 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench