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2025 DAILYLAW 123525 (ALL)

RAM NIVASH ALLIAS RAM NIVASH DIXIT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/1315/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9637-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1315 of 2025 Petitioner :- Ram Nivash Allias Ram Nivash Dixit And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Girish Kumar Pande,Prashant Pandey Counsel for Respondent :- G.A.,Rakesh Kumar Tripathi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State Respondents and Sri Rakesh Kumar Tripathi, learned counsel appearing for the opposite party no.4. 2. This writ petition has been filed with the following main prayers:- "a) Issue a writ order or direction in the nature of Certiorari thereby quashing the impugned impugned FIR No. 0024 of 2025 dated 16.01.2025, u/s 419, 420, 504, 506 IPC, P.S. Gola, District - Kheri, as contained in Annexure No.1 in so far as relates to the present petitioner No. 1 and 2 in the interest of justice. b) Issue a writ order or direction in the nature of mandamus commanding the Opposite Parties No. 1 to 3 to not to arrest and harass the petitioner in pursuance to impugned FIR No. 0024 of 2025 dated 16.01.2025, u/s 419, 420, 504, 506 IPC, P.S. Gola, District - Kheri, as contained in Annexure No.1 in so far as relates to the present petitioner No. 1 and 2 in the interest of justice." 3. Learned A.G.A. for the State Respondents has pointed out from the instructions made available to him that certain Sections have been added during investigation in the impugned F.I.R.. 4. Learned counsel for the petitioners at the outset prays that this petition be dismissed as withdrawn with liberty to file a fresh petition. 5. Accordingly, this petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition. 6. The Office shall return all the necessary documents to the counsel for the petitioner forthwith after retaining photocopies of the same on record. Order Date :- 14.2.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench