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2025 DAILYLAW 177095 (ALL)

BRAHMA PRAKASH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLP/5715/2025 · 2025-12-17

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5715 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. 218 of 2025, under Sections 2 and 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Asandra, District Barabanki. 3. At the very outset, learned AGA on the basis of instructions dated 03.12.2025 sent by Sri Amit Kaushal, Sub-Inspector, Police Station Asandra, District Barabanki, states that a charge sheet dated 21.06.2025 has been submitted before the supervisory 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/accused 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) : Shailendra Kumar Tiwari, Sanjay Kumar Pathak Counsel for Respondent(s) : G.A. Brahma Prakash .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 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. December 17, 2025 A. Katiyar CRLP No. 5715 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench