NAGEEN AHMAD KHAN (IN FIR HAJI PORPRIETOR NAGINA TRADERS , BAHRAICH ) v. STATE OF THRU. PRIN. SECY. HOME LKO. AND OTHERS
/6316/2025 · 2025-12-16
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DailyLaw.ai
[ 2025 DAILYLAW 185327 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185327 (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. - 6316 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 petitioner to press this petition.
3. This writ petition has been filed with a prayer to quash the impugned FIR dated 11.6.2025 registered as Case Crime No. 128 of 2025 under Sections 191(2), 191(3), 221, 352 of BNS, 2023 and Section 3(1)(r), 3(1)(s) SC/ST Act, 1989 at Police Station-Kotwali Nagar, District Bahraich.
4. At the very outset, learned AGA on the basis of averments contained in the counter affidavit states that a charge sheet dated 12.7.2025 has been filed in Court on 20.8.2025. The aforesaid statement has been recorded.
5. 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.
6. 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.
7. 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 case on Versus Counsel for Petitioner(s) : Manoj Kumar Singh Counsel for Respondent(s) : G.A., Abhay Dwivedi, Rahul Kumar Shukla, Shivam Srivastava Nageen Ahmad Khan (In Fir Haji Porprietor Nagina Traders , Bahraich ) .....Petitioner(s) State Of Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
merits is made out.
8. Accordingly, the writ petition is dismissed. (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 16, 2025 AKK CRLP No. 6316 of 2025 2
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench