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2025 DAILYLAW 101691 (ALL)

OM SHIV PANDEY v. STATE OF U.P. AND 3 OTHERS

CRLP/22068/2025 · 2025-09-24

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22068 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner and the A.G.A. representing the respondent nos. 1 to 3. The present petition has been filed for the following reliefs:- "(i) Issue, a writ, order or direction in the nature Certiorari quashing the impugned first information report dated 1.9.2025, registered as Case Crime No. 0148 of 2025, Under Section 108 of B.N.S., 2023, Police Station- Audhyogik Kshetra, District Prayagraj (Annexure No.1 to the instant writ petition). (ii) Issue, a writ, order or direction in the nature of Mandamus commanding the respondents nos. 2 & 3 not to harass and arrest the petitioner, pursuant to impugned first information report dated 1.9.2025, registered as Case Crime No. 0148 of 2025, Under Section 108 of B.N.S., 2023, Police Station- Audhyogik Kshetra, District Prayagraj (Annexure No.1 to thenstant writ petition)." It has been stated by the counsel for the petitioners that from the recitals in the first information report that no offence under Section 108 B.N.S. is made out. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the first information report dated 1.9.2025, registered as Case Crime No. 0148 of 2025, Under Versus Counsel for Petitioner(s) : Pradeep Kumar Counsel for Respondent(s) : G.A. Om Shiv Pandey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Section 108 of B.N.S., 2023, Police Station- Audhyogik Kshetra, District Prayagraj till submission of the police report under Section 193 of BNSS, 2023. September 25, 2025 Vipasha CRLP No. 22068 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad