Dismissed¶19

Naveen Babbar @ Gama v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Allahabad HC11 Dec 2025CRLP/2810/2025

Case brief

AI extract

What is this about?

Naveen Babbar @ Gama; State of U.P.; FIR No. 0203 of 2025; Police Station Kotwali; District Kheri; Section 316(2) B.N.S. 2023; charge sheet dated 23.07.2025; instructions dated 10.12.2025; Sri Sanchit Yadav Sub-Inspector; quashing of FIR denied; no mini trial; no case on merits; Muskan vs. Ishaan Khan (Sataniya) and others 2025 INSC 1287; writ petition dismissed with liberty to pursue appropriate remedy; Criminal Misc. Writ Petition 2810 of 2025; Rama Niwas Pathak; Diwakar Nath Tiwari; Abdul Moin J.; Babita Rani J.; December 11, 2025; Allahabad High Court Lucknow Bench Court No. 11.

What did the court decide?

Liberty to the petitioner to pursue appropriate remedy. ¶19

Naveen Babbar @ Gama Vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to pursue appropriate remedy.

¶19

Issue for consideration

Whether the writ petition seeking quashing of FIR No. 0203 of 2025, Police Station Kotwali, District Kheri, under Section 316(2) of B.N.S., 2023, should be granted, notwithstanding that a charge sheet dated 23.07.2025 has already been filed on the basis of credible evidence.

¶11

Court's answer

In view of the AGA's report that a charge sheet dated 23.07.2025 has been filed after collection of credible evidence showing the crime prima facie borne out, the Court is not expected to hold a mini trial verifying the FIR and charge sheet allegations against the petitioner's grounds, keeping in view the law laid down by the Supreme Court in Muskan vs. Ishaan Khan (Sataniya) and others, 2025 INSC 1287.

¶15

Ratio / Principle

Having considered the allegations levelled in the FIR vis-a-vis the grounds taken by the petitioner in the writ petition, no case on merits is made out for quashing the FIR.

¶18

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 2810 of 2025 (Naveen Babbar @ Gama v. State of U.P. thru. Secretary, Department of Home, Lucknow and others), High Court of Judicature at Allahabad (Lucknow Bench), Court No. 11, decided 11.12.2025 by Abdul Moin, J. and Mrs. Babita Rani, J.: Petition seeking quashing of FIR No. 0203 of 2025 (Police Station Kotwali, District Kheri), under Section 316(2) of B.N.S., 2023, dismissed. Learned AGA reported, on instructions dated 10.12.2025 from Sri Sanchit Yadav, Sub-Inspector, that a charge sheet dated 23.07.2025 had been filed in the Court after collection of credible evidence from which the crime committed by the petitioner appeared prima facie borne out. Keeping in view the law laid down by the Supreme Court in Muskan vs. Ishaan Khan (Sataniya) and others, 2025 INSC 1287, the Court stated it was not expected to hold a mini trial verifying the FIR and charge-sheet allegations against the petitioner's grounds; comparing the FIR allegations with the petitioner's grounds, no case on merits was found; the writ petition was dismissed with liberty to the petitioner to pursue appropriate remedy. None appeared for the petitioner when the case was called out.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. WRIT PETITION No. - 2810 of 2025

Naveen Babbar @ Gama

.....Petitioner(s)

Versus

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

¶7

n ers	.....Respondent(s)
Counsel for Petitioner(s)	: Rama Niwas Pathak
Counsel for Respondent(s)	: G.A., Diwakar Nath Tiwari

¶8

Court No. - 11

¶9

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

¶10

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..

¶11

Instant petition has been filed praying for a quashing of the FIR No. 0203 of 2025, under Section 316(2) of B.N.S., 2023, Police Station Kotwali, District Kheri.

¶12

At the very outset, learned AGA on the basis of instructions dated 10.12.2025 sent by Sri Sanchit Yadav, Sub-Inspector, Police Station Kotwali, District Kheri states that a charge sheet dated 23.07.2025 has been filed in the Court.

¶13

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.

¶14

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 .

¶15

Even otherwise, having considered the allegations as levelled in the

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CRLP No. 2810 of 2025

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¶18

FIR vis-a-vis the grounds taken by the petitioner in the writ petition no case on merits is made out.

¶19

Accordingly, the writ petition is dismissed with liberty to the petitioner to pursue appropriate remedy.

¶20

(Mrs. Babita Rani,J.) (Abdul Moin,J.)

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December 11, 2025

¶22

A. Katiyar

¶23

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Naveen Babbar @ Gama v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

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Naveen Babbar @ Gama v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

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What the court decided

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