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2025 DAILYLAW 183497 (ALL)

NAVEEN BABBAR @ GAMA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/2810/2025 · 2025-12-11

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2810 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. 0203 of 2025, under Section 316(2) of B.N.S., 2023, Police Station Kotwali, District Kheri. 3. At the very outset, learned AGA on the basis of instructions dated 10.12.2025 sent by Sri Sanchit Yadav, Sub-Inspector, Police Station Kotwali, District Kheri states that a charge sheet dated 23.07.2025 has been filed in the Court. 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) : Rama Niwas Pathak Counsel for Respondent(s) : G.A., Diwakar Nath Tiwari Naveen Babbar @ Gama .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home 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. 7. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy. December 11, 2025 A. Katiyar CRLP No. 2810 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench