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2025 DAILYLAW 142539 (ALL)

ANKIT VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/4839/2025 · 2025-06-09

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35046-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4839 of 2025 Petitioner :- Ankit Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Shailendra Singh Rajawat,Purnima Singh Counsel for Respondent :- G.A.,Alok Kumar Singh Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri Shailendra Singh Rajawat, learned counsel for the petitioner and learned AGA for the State-respondents and Sri Alok Kumar Singh, learned counsel for the private respondent. The instant petition has been preferred seeking following main relief(s):- "(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report No. 371 of 2025, Under Sections- 69 and 351 (3) B.N.S., lodged at Police Station-Kotwali Sadar, District Kheri by Opposite Party No. 4 on 05.05.2025, (Contained as Annexure No.-1), in the interest of justice. (ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opp. Parties 3 not to arrest the Petitioners in pursuance of impugned First Information Report No. 371 of 2025, Under Sections- 69 and 351 (3) B.N.S., at Police Station-Kotwali Sadar, District Kheri lodged by Opposite Party No. 4 on05.05.2025, (Contained as Annexure No.-1), in the interest of justice." After arguing the matter, at some length, learned counsel for the petitioner states that he may be permitted to withdraw this writ petition with liberty to the petitioner to take recourse to the remedy available under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"). Accordingly, the writ petition is disposed of with aforesaid liberty. However, it is directed that in case the petitioner approaches the court of competent jurisdiction by way of moving appropriate application under Section 482 BNSS, the same shall be considered and decided in accordance with law on merits, with expedition. Order Date :- 9.6.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench