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2025 DAILYLAW 185041 (ALL)

UMESH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/4263/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 4263 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Case called out. None appears for the petitioners to press this petition. 2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of certiorari for quashing of impugned FIR/Case Crime No. 0138 of 2025 under Sections 85, 80(2) of BNS, 2023 and 3/4 of Dowry Prohibition Act, P.S. Rampur Mathura, District Sitapur and not to arrest the petitioner pursuant to the impugned FIR. 3. At the very outset, learned AGA on the basis of instructions sent by Sri Ved Prakash Srivastava, Regional Officer, Police Station Mahmoodabad, District Sitapur states that a charge sheet dated 5.8.2025 has been filed in the Court. The aforesaid statement has been recorded. 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 petitioners/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 petitioners 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. Versus Counsel for Petitioner(s) : Upendra Kumar Sagar Counsel for Respondent(s) : G.A., Mohit Sharma, Mukul Kumar Sharma Umesh And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 6. 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. 7. Accordingly, the writ petition is dismissed. December 15, 2025 AKK CRLP No. 4263 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench