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2025 DAILYLAW 183720 (ALL)

MATA PRASAD v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND OTHERS

CRLP/9824/2025 · 2025-10-30

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9824 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Sri Harish Chandra Pratap Yadav, learned counsel for the petitioners and Sri Umesh Varma, learned Additional Government Advocate for the State-Respondents. 2. In view of the order proposed to be passed, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioners have prayed for the following reliefs:- "(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 23.08.2025 registered as Case Crime No.0141 of 2025, under Sections 2/3 of Public Property Damage Act, 1984, Police Station-Maharua, District-Ambedkar Nagar, which is contained as Annexure No.1 to the writ petition. (II) to issue a writ, order or direction in the nature of mandamus commanding and directing the Respondent Nos.2 & 3 not to arrest the petitioners in pursuance of the present impugned F.I.R. dated 23.08.2025 registered as Case Crime No.0141 of 2025, under Sections 2/3 of Public Property Damage Act, 1984, Police Station-Maharua, District-Ambedkar Nagar." 4. At the very outset, learned counsel for the petitioners has requested that the petitioners may be given benefit of the dictum of Apex Court rendered in re:Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021: (2022) 10 SCC 51 and Aman Preet Singh vs. Central Bureau of Investigation, (2022) 13 SCC 764 inasmuch as the offence under which the impugned F.I.R. has been lodged is having Versus Counsel for Petitioner(s) : Ajay Vikram Counsel for Respondent(s) : G.A. Mata Prasad .....Petitioner(s) State Of U.P. Thru. Secy. Home U.P. Lko. And Others .....Respondent(s) punishment upto seven years. 5. Sri Umesh Varma, learned Additional Government Advocate has stated that he is not disputing the aforesaid submission of learned counsel for the petitioners that the offence, under which the impugned F.I.R. has been lodged, is having punishment upto seven years but the investigation has been conducted and concluded and the charge-sheet bearing Charge-sheet No.A-106/2025 dated 31.08.2025 has been submitted before the Supervisory Authority. 6. Be that as it may, if the charge-sheet has been submitted before the Supervisory Authority in the sections where the punishment is upto seven years, therefore, the petitioners have no apprehension of their arrest in view of the dictum of Apex Court rendered in re:Satender Kumar Antil (supra) as well as Aman Preet Singh (supra). However, the petitioners may cooperate in the legal proceedings by filing appropriate application before the Competent Authority/ Competent Court of Law. 7. Accordingly, the instant writ petition stands disposed of. October 30, 2025 Suresh/ CRLP No. 9824 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench