SHIVAM v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
CRLP/5001/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145092 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35210-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5001 of 2025 Petitioner :- Shivam Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Aditya Vikram Shahi,Gyan Sagar Gupta,Sanjeev Kumar Lodhi,Shivani Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioner and learned AGA for the State-respondents. The instant petition has been preferred seeking following main relief(s):-
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 23-05-2025 lodged by the opposite party no. 4 as case crime No. 0235/2025, Under Sections-137(2), 87 B.N.S., Police Station-P.G.I., District- Lucknow, so far as relates to the petitioner, contained in Annexure No. 1 to the 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 FIR dated 23-05-2025 lodged by the opposite party no. 4 as case crime No. 0235/2025, Under Sections- 137(2), 87 B.N.S., Police Station-P.G.I., District-Lucknow, contained in Annexure No. 1 to the writ petition, in the interest of justice." After arguing the matter, at some length, learned counsel for the petitioner states that without observing anything on the merits of the case, the present writ petition may be dismissed as withdrawn with liberty to the petitioner to take remedy as available under the law including the remedy available under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"). Accordingly, without causing interference in the impugned FIR, the writ petition is disposed of with aforesaid liberty. However, it is provided 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 :- 11.6.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench