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2025 DAILYLAW 118441 (ALL)

SHATRUHAN MISHRA ALIAS VIKKY MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

/542/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6292-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 542 of 2025 Petitioner :- Shatruhan Mishra Alias Vikky Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Shikha Srivastava,Shobhit Kumar Rastogi,Suneel Kumar Singh Kalhans Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of State- respondents. This petition has been filed with the following main prayers :- (i) issue a writ or certiorari or a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report dated 03.01.2025 bearing FIR No.0004/2025, under Section 352, 351 (2) B.N.S., 2023 and 67 of I.T. (Amended) Act, 2008, police station - Chhapiya, District Gonda, as contained in Annexure No.1 to the writ petition, declaring it null and void. (ii) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties not to harass, arrest or take coercive action against the petitioner in pursuance of the impugned First Information Report dated 03.01.2025 bearing FIR No.0004/2025, under Section 352, 351 (2) B.N.S. 2023 and 67 of I.T. (Amended) Act, 2008, police station - Chhapiya, District Gonda, as contained in Annexure No.3 to the writ petition." After arguing for some time learned counsel for the petitioner prays that the writ petition be dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum. Writ petition is accordingly dismissed as withdrawn with liberty as aforesaid. Order Date :- 27.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench