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2025 DAILYLAW 183765 (ALL)

HAJARILAL v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME AND 3 OTHERS

/5749/2025 · 2025-12-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5749 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. 0170 of 2025 U/S 319(2), 318(4), 338, 336(3), 340(2) BNS, Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S. Dhanepur, District- Gonda with a further prayer not to arrest the petitioner in pursuance to the aforesaid FIR. 3. At the very outset, learned AGA on the basis of instructions dated 16.12.2025 sent by Shri Tripurari Mishra, Police Station Dhanepur District- Gonda states that a charge sheet has been filed in the Court on 01.12.2025. 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 viz-a-viz the grounds as taken by the petitioner in the instant petition keeping in view the law laid down by Hon'ble Supreme Court in Versus Counsel for Petitioner(s) : Ubhai Kumar Singh, Rakesh Kumar Singh Counsel for Respondent(s) : G.A. Hajarilal .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy. Home And 3 Others .....Respondent(s) 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 viz-a-viz 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 16, 2025 V. Sinha CRLP No. 5749 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench