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2025 DAILYLAW 181023 (ALL)

AWADHESH @ AWADHESH MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

CRLP/6073/2025 · 2025-11-25

Abdul Moin, Babita Rani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 6073 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Counter affidavit filed today in Court by the learned AGA be kept on record. 2. 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.. 3. At the very outset, learned AGA on the basis of averments contained in paragraphs 9 & 10 of the counter affidavit states that a charge sheet dated 27.06.2025 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. 6. Even otherwise, having considered the allegations as levelled in the FIR vis-a-vis the grounds taken by the petitioners in the writ petition no case on merits is made out. Versus Counsel for Petitioner(s) : Onkar Nath Nishad, Deepak Chandra Counsel for Respondent(s) : G.A. Awadhesh @ Awadhesh Mishra And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s) 7. Accordingly, the writ petition is dismissed. November 25, 2025 Pachhere/- CRLP No. 6073 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench