JATIN @ JATIN TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND 3 OTHERS
CRLP/5031/2025 · 2025-06-10
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145197 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145197 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35122 Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5031 of 2025 Petitioner :- Jatin @ Jatin Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 3 Others Counsel for Petitioner :- Sunita Dwivedi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Vakalatnama filed by Shri Gulam Mustafa, Advocate on behalf of respondent no.4 is taken on record. Vakalatnama of Shri Atul Verma, Advocate on behalf of the petitioner is also taken on record. Heard. The instant petition has been preferred seeking following main relief(s):-
"Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report lodged by the opposite party No.4 on 24.05.2025, at First Information Report No. 112 of 2025, Under Sections- 191(2), 191(3), 190, 115(2), 352, 351(2), 109(1) of B.N.S., Police Station-Talkatora, District Lucknow so far as it relates to the petitioner (Contained as Annexure No.-1), 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, with expedition. Order Date :- 10.6.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench