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2025 DAILYLAW 173692 (ALL)

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

/4571/2025 · 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. - 4571 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.0131 of 2025 under Section 304(2) B.N.S., 2023, Police Station Kotwali Dehat, District Bahraich. 3. Counter affidavit filed today is taken on record. Learned AGA on the basis of averments contained in paras 7 & 8 of the counter affidavit states that a charge sheet dated 02.07.2025 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. 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 Versus Counsel for Petitioner(s) : Ashish Raman Mishra Counsel for Respondent(s) : G.A. Mohammad Arshad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 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. 4571 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench