Dismissed¶20

Nandkishor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC14 Jul 2025CRLP/6235/2025

Case brief

AI extract

What is this about?

Quashing of FIR; FIR No. 220 of 2025 dated 04.07.2025; Police Station Kakori, District Lucknow; Sections 324(4), 333, 115(2), 352, 351(3) B.N.S. 2023; charge sheet dated 12.07.2025; no mini trial by writ court; Muskan vs. Ishaan Khan (Sataniya) 2025 INSC 1287 relied upon; petitioners absent despite notice; dismissal with liberty to pursue appropriate remedy; Allahabad High Court Lucknow Bench; Abdul Moin J.; Babita Rani J.; December 3, 2025.

What did the court decide?

Writ petition dismissed, with liberty to the petitioners to pursue appropriate remedy as may be available to them. ¶20

Nandkishor and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

CRIMINAL MISC. WRIT PETITION No. - 6235 of 2025

¶3

Nandkishor And Another

¶4

.....Petitioner(s)

¶5

Versus

¶6

State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

¶7

.....Respondent(s)

¶8

Counsel for Petitioner(s) : Ajeet Kumar, Jiyauddeen, Shravan Kumar Counsel for Respondent(s) : G.A.

¶9

Court No. - 11

¶10

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

¶11

Case called out.

¶12

None is present on behalf of the petitioners despite a notice being affixed for taking up the matter at 02:15 P.M.

¶13

The instant petition has been filed praying for quashing for the F.I.R. dated 04.07.2025 registered as F.I.R. No.220 of 2025, under Sections 324(4), 333, 115(2), 352, 351(3) of B.N.S., 2023, Police Station Kakori, District Lucknow.

¶14

Learned A.G.A. states, on the basis of averments made in para-6 of the counter affidavit that a charge sheet dated 12.07.2025 has been filed before the supervisory authority.

¶15

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.

¶16

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 petitioners 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 .

¶17

CRLP No. 6235 of 2025

¶18

¶19

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.

¶20

Accordingly, the writ petition is dismissed with liberty to the petitioners to pursue appropriate remedy as may be available to them.

¶21

December 3, 2025 Renu/-

¶22

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

¶23

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Nandkishor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

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Nandkishor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What did the court decide?

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What the court decided

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