NISHA MITTAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
A482/1659/2025 · 2025-03-20
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125029 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16173 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1659 of 2025 Applicant :- Nisha Mittal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Hari Kant Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. The present application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been preferred with a prayer to quash the F.I.R bearing no. 163 of 2022, under Sections 147, 323, 354, 452, 427, 504, 506 I.P.C, P.S Jankipuram, Police Commissionerate North, Lucknow.
2. Learned A.G.A has raised a preliminary objection regarding the maintainability of the present application for quashing of the F.I.R for two reasons, firstly, as the applicant has a remedy to file a criminal misc writ petition and secondly, till date, neither any summons has been issued nor any notice has been issued against the applicant, so there is no occasion for quashing of the said proceedings as it is pre-mature.
3. At this stage, learned counsel for the applicant has submitted that the applicants may be permitted to withdraw the present application as dismissed as not pressed with liberty to the applicant to file a criminal misc writ petition.
4. As such, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy as may be permissible under the law. Order Date :- 20.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench