AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
/2245/2025 · 2025-11-26
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175005 (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. - 2245 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. Counter affidavit filed today in Court is taken on record.
3. Instant petition has been filed praying for quashing of the FIR bearing No.0047 of 2025, under Sections 191(2), 115(2), 352, 351(3 of BNS 2023, Police Station Jarwal Road , District Bahraich.
4. At the very outset, learned AGA on the basis of averments contained in paragraph 12 of the counter affidavit states that a charge sheet dated 14.04.2025 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 Versus Counsel for Petitioner(s) : Dileep Kumar Yadav, Priyanka Srivastava, Shyam Bihari Counsel for Respondent(s) : G.A. Ajay Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
FIR vis-a-vis the grounds taken by the petitioner in the writ petition no case on merits is made out.
8. Accordingly, the writ petition is dismissed leaving it open to the petitioner to pursue appropriate remedy. November 26, 2025 A. Katiyar CRLP No. 2245 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench