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2025 DAILYLAW 186579 (ALL)

AMIT JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/3284/2025 · 2025-12-09

Abdul Moin, Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 3284 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, 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.0287 of 2025, under Section 316 (2) & 351 (3) of B.N.S, 2023, Police Station Kotwali District Barabanki. 3. Learned AGA on the basis of instructions sent by Sri Abhishek Rai, Sub Inspector Police Station- Kotwali District- Barabanki states that a charge sheet dated 18.04.2025 has been submitted before the supervisory authority. 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 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. 6. 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 Versus Counsel for Petitioner(s) : Farooq Ayoob, Mansi Gupta Counsel for Respondent(s) : G.A. Amit Jaiswal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) case on merits is made out. 7. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy. December 9, 2025 Pachhere/- CRLP No. 3284 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench