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2025 DAILYLAW 144127 (ALL)

ABHAY VISHVKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/4874/2025 · 2025-06-09

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35025-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4874 of 2025 Petitioner :- Abhay Vishvkarma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Dilip Kumar Singh Chauhan,Brajendra Singh,Hari Shankar Shukla Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioner, learned AGA for the State of U.P. and Sri Prateek Tewari, Advocate alongwith Sri Ahmad Abbas, Advocate, who has filed Vakalatnama on behalf of respondent No. 4 in the Court today is taken on record. The instant petition has been preferred seeking following main relief(s):- "1. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 26-5-2025, lodged by opposite party No. 4 against the petitioner which has been registered as. FIR No. 0401 of 2025, U/S's 319(2), 318(4), 319(2), 338, 336(3), 340(2), 308(2), 115(2), 352, 351(3), 329(3), 191(2) Β.Ν.S. Police Station-Kotwali, District- Unnao, as (contained in Annexure no.-1 respectively to this writ petition). 2. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioners in pursuance to First Information Report dated 28-4-2025, lodged by opposite party No. 4 against the petitioner which has been registered as FIR No. 0401 of 2025. U/S's 319(2), 318(4), 319(2), 338, 336(3), 340(2), 308(2), 115(2), 352, 351(3), 329(3), 191(2) Β.N.S. Police Station-Kotwali. District- Unnao, as (contained in Annexure no.-1 respectively to this writ petition)." 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. [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