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2025 DAILYLAW 177718 (ALL)

Gaurav Pal and 2 others v. State of U.P. through Secretary, Home, Lucknow and 3 Others

/2147/2025 · 2025-11-26

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2147 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Case called out. None appears for the petitioners 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 quashing of the FIR bearing No.0007 of 2025, under Sections 64, 115(2), 352, 351(2), 125, 126(2), 117(2) of BNS 2023, Section 3(1)(Da), 3(1)(Dha), 3(2)(v) and 3(2)(va) of the SC/ST Act, Police Station Kotwali Sadar , District Kheri. 3. At the very outset, learned AGA on the basis of instructions dated 04.04.2025 sent by the Incharge Inspector, Police Station Sadar, District Lakhimpur Kheeri, states that a charge sheet dated 12.02.2025 has been filed in the Court on 26.03.2025. 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 petitioners/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. 6. Even otherwise, having considered the allegations as levelled in the Versus Counsel for Petitioner(s) : Ashok Kumar, Neeraj Kumar Rastogi Counsel for Respondent(s) : G.A. Gaurav Pal And 2 Others .....Petitioner(s) State Of U.P. Through Secretary, Home, Lucknow And 3 Others .....Respondent(s) FIR vis-a-vis the grounds taken by the petitioners in the writ petition no case on merits is made out. 7. Accordingly, the writ petition is dismissed with liberty to the petitioners to pursue appropriate remedy as may be available to them. November 26, 2025 A. Katiyar CRLP No. 2147 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench