Allahabad High Court
/11725/2025 of SHYAM PRAKASH TIWARI Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS on 12 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11725 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard. 2. Instant petition has been filed praying for a quashing of the FIR No. 0369 of 2025, under Sections 85, 89, 115(2), 352 and 351(3) of
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11725 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard.
2. Instant petition has been filed praying for a quashing of the FIR No. 0369 of 2025, under Sections 85, 89, 115(2), 352 and 351(3) of B.N.S., 2023, Police Station Atrauli, District Hardoi.
3. At the very outset, learned AGA on the basis of instructions dated 09.12.2025 sent by Sri Dharmendra Kumar, Sub-Inspector, Police Station Atrauli, District Hardoi, states that a charge sheet dated 22.11.2025 has been submitted before the supervisory authority.
4. 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.
5. 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.
6. 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. Versus Counsel for Petitioner(s) : Ramapati Yadav Counsel for Respondent(s) : G.A. Shyam Prakash Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s)
7. Upon the same being pointed out, learned counsel for the petitioner states that he does not intend to press the writ petition and prays that the same may be dismissed as withdrawn with liberty to the petitioner to pursue appropriate remedy as may be available to him.
8. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid. December 12, 2025 A. Katiyar CRLP No. 11725 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench