RENU VERMA v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/5017/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 145222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145222 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5017 of 2025 Petitioner :- Renu Verma Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Arvind Kumar 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 Government Advocate for the State-respondent.
2. The instant petition has been preferred seeking following main relief(s):-
"(1) issue a writ order or direction in the nature of Certiorari for quashing the impugned subsequent FIR /Crime No-129/2025 dated 31.03.2025, U/S 3(5), 61(2),316(4) 338, 336(2),340(2),351(3) BNS, Police Station- Masauli, District-Barabanki Contained as Annexure No. 1 to the writ petition, which is against same incident, same set of fact, same accused, and same alleged offence as under investigation to the previous/first FIR of Crime No-147/2025 dated 09-02-2025 P/S Kotwali Nager Barabanki. (II) issue a writ order or direction in the nature of mandamus commanding the opposite parties that such new information or evidence arises from subsequent FIR/Crime No- 129/2025 dated 31.03.2025, U/S 3(5), 61(2),316(4) 338,336(2),340(2),351(3) BNS, Police Station-Masauli, District-Barabanki Contained as Annexure No. 1 concerning the same incident, be incorporated into the existing investigation of the previous/first FIR of Crime No-147/2025 dated 09-02-2025 P/S Kotwali Nagar Barabanki, Contained as Annexure No. 2 rather than initiating a fresh, separate FIR and investigation. (III) issue a writ order or direction in the nature of mandamus commanding the opposite parties not to arrest to the petitioners in connection of subsequent FIR /Crime No-129/2025 dated 31.03.2025, U/S 3(5), 61(2), 316(4) 338, 336(2), 340(2), 351(3) BNS, Police Station- Masauli, District-Barabanki Contained as Annexure No. 1."
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, with expedition. Order Date :- 11.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench