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2025 DAILYLAW 170419 (ALL)

JIYA LAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/9793/2024 · 2025-01-07

Om Prakash Shukla, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:813-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9793 of 2024 Petitioner :- Jiya Lal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Deo Prakash Mishra,Veerendra Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the petitioners and learned A.G.A. for the State-respondents. 2. By means of the present petition, the petitioner has sought issuance of direction in the nature of Mandamus commanding the opposite party Nos. 1 to 3 to consider and take appropriate action against the opposite party No.4 & 5 in accordance with law on the representation of the petitioners to add Section 308 I.P.C. in the first information report dated 04.07.2024 bearing FIR No.0130 of 2024 under Sections 115(2), 125, 281 and 352 of B.N.S., 2023. 3. Learned A.G.A. for the State-respondents on the basis of instructions states that charge sheet has been submitted to the Supervising Authority on 19.12.2024. 4. In view thereof, learned Counsel for the petitioners submits that he does not want to press this petition on merits and wants to withdraw the same with liberty to the petitioners to file/raise objection to the charge sheet within a period one week's from today. 5. Learned A.G.A. for the State-respondents has no objection to the prayer made by learned Counsel for the petitioners. 6. Accordingly, the present petition is disposed of. The petitioner may file/raise objection to the charge sheet before the Supervising Authority concerned within a period of one week's from today and the Supervising Authority is directed to decide the objection/protest application of the petitioner within a period of three weeks from the date of filing of any such objection/ application to the charge sheet. [Om Prakash Shukla, J.] [Vivek Chaudhary, J.] Order Date :- 7.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench