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2025 DAILYLAW 145253 (ALL)

SARAFAT @SARAFAT ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/5088/2025 · 2025-06-10

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35160-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5088 of 2025 Petitioner :- Sarafat @Sarafat Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Vivek Kumar Divedi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri Vivek Kumar Divedi, 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 quashing the Impugned F.I.R. lodged by the Informant / Opp. Party No.4 against the Petitioner which was registered as in F.I.R. /Case Crime No.0116/2025, U/Ss-103(1)BNS & 3(2)(V)SC/ST(PA)Act at P.S. Sandila, District-Hardoi as contained in Annexure No.1 to this Writ Petition. (ii) Issue, a Writ, Order or direction in the nature of Mandamus thereby directing/commanding the Opp. Parties No. 2 to 3 specifically Opp.Party No.3 not to arrest the Petitioner against the Impugned F.I.R. lodged by the Informant/Opp. Party No.4 as in F.I.R./Case Crime No.0116/2025, U/Ss- 103(1)BNS & 3(2)(V) SC / ST (PA)Act at P.S. Sandila, District-Hardoi as contained in Annexure No.1 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. Order Date :- 10.6.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench