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2025 DAILYLAW 203223 (ALL)

PAVAN KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/2850/2025 · 2025-12-11

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2850 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 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.0482 of 2024, under Sections 115 (2), 352 & 351 (3) of B.N.S, 2023, Police Station Asandra, District Barabanki. 4. Learned AGA on the basis of instructions sent by Sri Bal Krishna Dwivedi, Sub Inspector, Police Station- Asandra District- Barabanki dated 19.11.2025 states that a charge sheet dated 08.02.2025 has been submitted before the supervisory authority and thereafter in Court on 20.06.2025. 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. Versus Counsel for Petitioner(s) : Indrajeet, Amit Kumar Srivastava Counsel for Respondent(s) : G.A. Pavan Kumar And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) 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 11, 2025 Pachhere/- CRLP No. 2850 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench