Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135745 (ALL)

RAKESH THRU. BROTHER IN LAW SUNIL KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 4 OTHERS

CRLP/3505/2025 · 2025-05-01

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:24981-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3505 of 2025 Petitioner :- Rakesh Thru. Brother In Law Sunil Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- G.A.,Pramod Kumar Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. This petition has been filed seeking following main reliefs:- "(i) Issue a Writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 24.03.2025, bearing F.I.R./Case Crime No. 121 of 2025, under Sections 3(5), 115(2), 352, 351(2), 351(3), 333 and 103(1) of B.N.S., Police Station Gosaiganj, District Sultanpur; (ii) Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities to consolidate the impugned second F.I.R. dated 24.03.2025 bearing F.I.R. No. 121 of 2025, under Sections 3(5), 115(2), 352, 351(2), 351(3), 333 and 103(1) of B.N.S., P.S. Gosaiganj, District Sultanpur with first F.I.R. dated 24.03.2025 bearing F.I.R. No. 117 of 2025, under Sections 3(5), 115(2), 352, 351(2), 351(3) of B.N.S., 2023, P.S. Gosaiganj, District Sultanpur, emerging from same set of facts and allegations pertaining to same date and time of occurrence so that both F.I.R.'s can be investigated and tried together." 3. Learned counsel for the petitioner submits that in the present case two successive F.I.R.s are lodged with regard to the same incident occurred at same point of time and place and involved same persons. 4. Learned A.G.A., on the basis of instructions, states that the second F.I.R. bearing no. 121 of 2025 have been merged with first F.I.R. bearing No. 117 of 2025. 5. At this stage, learned counsel for the petitioner prays to withdraw the present writ petition. 6. Accordingly, present writ petition is consigned to record as withdrawn, at this stage. (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 1.5.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench