Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196448 (ALL)

SARVAGYA PRATAP SINGH @ ROSHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/2828/2025 · 2025-12-11

Abdul Moin, Babita Rani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2828 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, 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. 3. Instant petition has been filed praying for a quashing of the FIR No.0074 of 2025, under Section 305 (a) of B.N.S, 2023, Police Station Wazirganj, District Gonda. 4. Learned AGA on the basis of instructions sent by Sri S.K.Yadav, Sub Inspector, Police Station- Wazirganj District- Gonda dated 10.12.2025 states that a charge sheet dated 09.07.2025 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 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 merits is made out. 8. Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy. December 11, 2025 Pachhere/- Versus Counsel for Petitioner(s) : Akash Deep Singh, Abhishek Tripathi, Ankit Singh, Rudresh Pandey, Suneel Kumar Tiwari, Taranpreet Kaur Counsel for Respondent(s) : G.A., Upendra Kumar Singh (Mrs. Babita Rani,J.) (Abdul Moin,J.) Sarvagya Pratap Singh @ Roshan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench