PRADEEP KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 4 OTHERS
CRLP/4769/2025 · 2025-06-09
S Q H Rizvi, Saurabh Lavania
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[ 2025 DAILYLAW 142977 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 142977 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35015-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4769 of 2025 Petitioner :- Pradeep Kumar And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Ashish Kumar Verma,Shiv Kumar Vishwakarma Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners, learned A.G.A. for the State/respondents and perused the record. By means of this petition, the petitioners have prayed for following main relief(s):-
"(I) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not to arrest the petitioners on the basis of First Information Report dated 27.07.2024 lodged by the opposite party no.5, registered as FIR/Crime No. 0337 of 2024 at Police Station Ganga Ghat, District - Unnao, under Sections 140(2) of BNS (Bhartiya Nyay Sanhita) 2023, 2023 in the interest of Justice. (II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to conduct fair and proper investigation in First Information Report dated 27.07.2024 lodged by the opposite party no.5, registered as FIR/Crime No. 0337 of 2024 at Police Station Ganga Ghat, District Unnao, under Sections 140(2) of BNS (Bhartiya Nyay Sanhita) 2023 in the interest of Justice." Learned A.G.A. has placed before this court a copy of the instructions dated 30.05.2025 received from the Police Station Bangarmau, District Unnao, which is taken on record. Taking note of the instructions, according to which till date no evidence is available against the petitioners in the crime indicated in the F.I.R. No.0337/2024 at Police Station Gangaghat, District Unnao under Section 140(2) of B.N.S., 2023 as also the relief(s) sought in the present writ petition, on being confronted learned counsel for the petitioners submits that he may be permitted to withdraw the present writ petition, with liberty to file afresh, if required. Accordingly, the writ petition is consigned to record with liberty as prayed for. (Syed Qamar Hasan Rizvi,J.) (Saurabh Lavania,J.) Order Date :- 9.6.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench