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2025 DAILYLAW 184629 (ALL)

VINDESHAVARI YADAV (IN FIR KUSUMA) AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECTT. LKO AND OTHERS

/7272/2025 · 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. - 7272 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Counter affidavit filed by learned AGA today is taken on record. 2. Case called out. None appears for the petitioners to press this petition. 3. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 1.8.2025 registered as Case Crime No. 0517 of 2025 under Sections 85 & 80(2) of BNS, 2023 and 3/4 of D.P. Act, Police Station-Dhaurahra, District Lahimpur Kheri and not to arrest the petitioners pursuant to the impugned FIR. 4. At the very outset, learned AGA on the basis of averments contained in the counter affidavit states that the names of petitioner nos. 1, 3 and 4 namely Vindveshwari Yadav, Dinesh Kumar and Anil Kumar respectively, have been dropped during investigation while charge sheet has been filed against Nand Kishore-petitioner no. 2. 5. The aforesaid statement has been recorded. 6. Learned AGA further points out that the charge sheet against petitioner no. 2 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. 7. 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 petitioners in the instant petition keeping in view the law laid down by Hon'ble Supreme Court in the case of Muskan Versus Counsel for Petitioner(s) : Vivek Kumar Singh, Priya Singh Counsel for Respondent(s) : G.A., Abhishek Srivastava Vindeshavari Yadav (In Fir Kusuma) And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko And Others .....Respondent(s) vs. Ishaan Khan (Sataniya) and others; 2025 INSC 1287. 8. Even otherwise, having considered the allegations as levelled in the FIR vis-a-vis the grounds taken by the petitioners in the writ petition no case on merits is made out. 9. Accordingly, the writ petition is dismissed. (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 16, 2025 AKK CRLP No. 7272 of 2025 2 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench