MOHD. HAMZA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
/4471/2025 · 2025-12-09
Abdul Moin, Rajeev Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174378 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4471 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE RAJEEV BHARTI, 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.
3. Instant petition has been filed praying for a quashing of the FIR No.0231 of 2025, under Section 316 (2) of B.N.S, 2023, Police Station Purakalandar, District Ayodhya.
4. Learned AGA on the basis of averments contained in paragraph 9 of the counter affidavit states that a charge sheet dated 13.08.2025 has been submitted before the supervisory authority.
5. 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/accused is borne out.
6. 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.
7. 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. Versus Counsel for Petitioner(s) : Shobhit Singh, Ajai Kumar Singh Counsel for Respondent(s) : G.A. Mohd. Hamza .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
8. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy.
December 9, 2025 Pachhere/- CRLP No. 4471 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench