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2025 DAILYLAW 116216 (ALL)

SAMEER AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 3 OTHERS

CRLP/216/2025 · 2025-09-16

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 216 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. In view of the proposed order being passed, notice to the respondent No. 4 is hereby dispensed with. 3. By means of this petition, the petitioner has assailed the impugned F.I.R. dated 11.12.2024 bearing Case Crime No. 426 of 2024, under Sections 64, 316(2), 319(2), 115(2), 351(2) BNS, Police Station- Vibhuti Khand, District- Lucknow. 4. Learned counsel for the petitioner has stated that the prosecutrix has entered into a compromise with the petitioner as the compromise deed has been annexed with the writ petition as Annexure No. 2. He has further submitted that while recording her statement under Section 180 BNSS and Section183 BNSS, the prosecutrix has not levelled any allegation of rape against the petitioner, however, she has levelled other allegations against the petitioner. 5. Learned A.G.A. has opposed the aforesaid submission of learned counsel for the petitioner by submitting that though the allegation of rape has not been levelled against the petitioner by the prosecutrix while recording her statement under Section 180 BNSS and Section183 BNSS but other allegations have been levelled against the petitioner which are cognizable in nature, therefore, the impugned F.I.R. may not be quashed. 6. On that, learned counsel for the petitioner has requested that the petitioner may be given liberty to file anticipatory bail application before Versus Counsel for Petitioner(s) : Manmohan Singh, Anurag Singh Chauhan, Dilip Kumar Verma, Tauheed Counsel for Respondent(s) : G.A. Sameer Ahmad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others .....Respondent(s) the competent court and directions may be issued to decide the same with expedition. 7. Therefore, without entering into the merits of the issue and considering the request of learned counsel for the petitioner, we dispose of this petition finally at the admission stage giving liberty to the petitioner to file anticipatory bail application before the competent court within a period of two weeks from today and it is also provided that if such application is filed before the competent court, the same shall be heard and disposed of with expedition, without granting any unnecessary adjournment to any of the parties, strictly in accordance with law. 8. The petition is disposed of in view of the aforesaid terms. September 16, 2025 (Manoj K.) CRLP No. 216 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench