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2025 DAILYLAW 181932 (ALL)

MAYANK SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/8453/2025 · 2025-12-05

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8453 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 12:30 PM.. 2. Instant petition has been filed praying for a quashing of the FIR No. 0414 of 2025, under Sections 126(2), 352, 131, 115(2), 309(3), 324(5), 351(3) of B.N.S., 2023, Police Station Krishna Nagar, District Lucknow. 3. At the very outset, learned AGA on the basis of averments contained in the counter affidavit states that a charge sheet dated 06.10.2025 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 Versus Counsel for Petitioner(s) : Abhishek Srivastava, Atmad Hasan Idrisi Counsel for Respondent(s) : G.A., Anil Kumar Tiwari, Ayush Mishra, Ujjawal Tewari Mayank Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 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 5, 2025 A. Katiyar CRLP No. 8453 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench