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2025 DAILYLAW 144083 (ALL)

KUMARI PUNAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/4877/2025 · 2025-06-09

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35023-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4877 of 2025 Petitioner :- Kumari Punam Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Alok Kr. Misra 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 writ order in nature of certiorari for quashing the impugned first information report dated 31.07.2023 under section 471,468,467,420,419 of IPC in FIR/Case Crime No. 0262/2023, PS-Cantt. District Ayodhya, contained as Annexure no.1 in respect of petitioner, in the interest of justice. ii) Issue writ order in nature of mandamus commanding to opposite party no.2 & 3 that on the basis of impugned first information report they not arrest the petitioner, 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 after taking note of entire facts of the case including the facts pertaining to pregnancy of the petitioner, with expedition. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 9.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench