ANIL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5011/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 145045 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145045 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35216-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5011 of 2025 Petitioner :- Anil Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Shailendra Kumar Misra Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioner and learned Additional Governemnt Advocate for the State-respondent.
2. 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 First Information Report dated 24/04/2025 bearing F.I.R. No.: 0143 of 2025 u/s. 87(2), 137(2) and 316(2) of Bharatiya Nyaya Sanhita 2023, registered at P.S. Lalganj, District-Pratapgarh, lodged by the opposite party no-4 against the petitioner, as contained in Annexure no- 1 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 24/04/2025 bearing F.I.R. No.: 0143 of 2025 u/s. 87(2), 137(2) and 316(2) of Bharatiya Nyaya Sanhita 2023, registered at P.S. Lalganj, District-Pratapgarh, lodged by the opposite party no-4 against the petitioners contained in Annexure no-1 to this writ petition."
3. 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 "B.N.S.S").
4. Accordingly, the writ petition is disposed of with aforesaid liberty.
5. However, it is directed that in case the petitioner approaches the court of competent jurisdiction by way of moving appropriate application under Section 482 B.N.S.S, the same shall be considered and decided in accordance with law on merits, with expedition. Order Date :- 11.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench