SHYAM PYARE AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
/8999/2025 · 2025-12-09
Abdul Moin, Rajeev Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189018 (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. - 8999 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE RAJEEV BHARTI, J.
1. Counter affidavit filed today in Court by the learned AGA be kept on record.
2. Case called out. None appears for the petitioners despite a notice having been affixed on the notice board that the matter would be taken at 02.15 PM.
3. Instant petition has been filed praying for a quashing of the FIR No.0276 of 2025, under Sections 85 & 80 (2) of B.N.S, 2023, Police Station Ghunghter, District Barabanki.
4. Learned AGA on the basis of averments contained in paragraph 11 of the counter affidavit states that a charge sheet dated 16.10.2025 has been submitted before the supervisory authority.
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 Versus Counsel for Petitioner(s) : Vineet Kumar Chaurasia, Diksha, Sandeep Kumar Chaurasiya Counsel for Respondent(s) : G.A., Krishna Kumar, Yogendra Pal Anand Shyam Pyare And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s)
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 petitioners in the writ petition no case on merits is made out.
8. Accordingly, the writ petition is dismissed with liberty to the petitioners to pursue appropriate remedy. December 9, 2025 Pachhere/-
CRLP No. 8999 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench