Dismissed¶¶20

Sumitra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC2 Dec 2025/6561/2025

Case brief

AI extract

What is this about?

FIR quashing; writ petition dismissed; Section 108 BNS 2023; FIR No.117 of 2025; Police Station Dilippur; District Pratapgarh; charge sheet dated 25.07.2025; supervisory authority; no mini trial; Muskan vs. Ishaan Khan 2025 INSC 1287; Sumitra v. State of U.P.; liberty to pursue appropriate remedy; Allahabad High Court Lucknow Bench.

What did the court decide?

Writ petition dismissed with liberty to the petitioners to pursue appropriate remedy. ¶¶20

Sumitra and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 6561 of 2025

Sumitra And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Shanker Lal Pandey Counsel for Respondent(s) : G.A., Prabhat Kumar, Prince Singh

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Court No. - 11

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HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

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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.

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Instant petition has been filed praying for a quashing of the FIR No.117 of 2025, under Section 108 of B.N.S., 2023, Police Station Dilippur, District Pratapgarh.

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Counter affidavit filed today is taken on record. Learned AGA on the basis of averments contained in para 13 & 14 of the counter affidavit states that a charge sheet dated 25.07.2025 has been submitted before the supervisory authority.

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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 petitioners/accused is borne out.

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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 .

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