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2025 DAILYLAW 173008 (ALL)

JITENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/4636/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4636 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Case called out. None appears for the petitioner despite a notice having been affixed on the notice board that the matter would be taken at 02.15 PM. 2. Instant petition has been filed praying for a quashing of the FIR No.0509 of 2024 under Section 115(2), 308(2), 309(2), 324(4), 333, 351(2), 352 B.N.S., 2023, Police Station Krishna Nagar, District Lucknow. 3. Learned AGA on the basis of instructions received from Shri Pankaj Kumar Jaiswal, Sub Inspector, Police Station Krishan Nagar, Lucknow states that a charge sheet dated 21.07.2025 has been submitted before the competent authority. 4. Learned AGA further points out that the charge sheet has been filed after collecting credible evidence from perusal of which it emerges that prima facie the crime committed by the petitioner is borne out. 5. Considering the aforesaid, the Court is not expected to hold a mini trial in order to verify the allegations as levelled in the FIR and the charge sheet vis-a-vis the grounds as taken by the petitioner in the instant petition keeping in view the law laid down by Hon’ble Supreme Court in the case of Muskan vs. Ishaan Khan (Sataniya) and others; 2025 INSC 1287. Versus Counsel for Petitioner(s) : Rajat Sharma, Ashutosh Kumar Singh, Bhawana Mishra, Narendra Kumar, Virendra Kumar Counsel for Respondent(s) : G.A. Jitendra Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 6. Even otherwise, having considered the allegations as levelled in the FIR vis-a-vis the grounds taken by the petitioner in the writ petition no case on merits is made out. 7. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy. November 28, 2025 prateek CRLP No. 4636 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench