BALRAM TIWARI @ SHIV KUMAR TIWARI v. STATE OF U.P. THRU. .ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS
/3016/2025 · 2025-12-04
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183672 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183672 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 3016 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.0059 of 2025, under Sections 307, 504, 506 IPC, Police Station Itiyathok, District Gonda.
3. Learned AGA on the basis of instructions received from Shri Vikas Kumar, Sub Inspector, Police Station Ithiyathok, District Gonda dated 20.11.2025 states that a charge sheet dated 02.08.2025 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 petitioner in the writ petition no Versus Counsel for Petitioner(s) : Dharm Raj Mishra Counsel for Respondent(s) : G.A., Raghvendra Singh Balram Tiwari @ Shiv Kumar Tiwari .....Petitioner(s) State Of U.P. Thru. .Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
case on merits is made out.
7. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy. December 4, 2025 prateek CRLP No. 3016 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench