ABHISHEK VERMA @ ABHISHEK AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/4272/2025 · 2025-06-12
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140466 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140466 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35369-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4272 of 2025 Petitioner :- Abhishek Verma @ Abhishek And Another Respondent :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the parties. The instant petition has been preferred seeking following main relief(s):-
"i. Issue a Writ, order or direction in the nature of Certiorari quashing the impugned FIR dated 03/05/2025 bearing FIR No. 044/2025, under sections 127, 69, 351 (3) BNS, P.S. Shivgarh, District Sultanpur, as contained in Annexure-1 to this Writ Petition. ii. Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents Authorities not to arrest the Petitioners on the basis of the impugned FIR dated 03/04/2025 bearing FIR No. 044/2025, under sections 127, 69, 351 (3) BNS, P.S. Shivgarh, District Sultanpur." In compliance of earlier order of this Court dated 27.05.2025, respondent No. 4/victim/informant has been brought before this Court by Sri Amit Singh, Sub- Inspector and Ms. Sudha Maurya, lady Constable. The respondent No. 4/victim/informant present before this Court declined to participate in the mediation proceedings. Taking note of the aforesaid, on being confronted, learned counsel for the petitioner says that he may be permitted to withdraw the instant petition with liberty to the petitioners to take recourse to other remedies as available under the law including under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"). Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. The police officers present before this Court today are directed to ensure safe return of respondent No. 4/victim/informant to the place from where she has been brought before this Court. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 12.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench