INDRA BHOSAN @ INDRA BHOSAN SHUKLA @ RAMESH SHUKLA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/5037/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145264 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145264 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35231-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5037 of 2025 Petitioner :- Indra Bhosan @ Indra Bhosan Shukla @ Ramesh Shukla Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri O.P. Tiwari, 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 false first information report lodging by the opposite party no. 4 on 23.05.2025 at 21:19 hours, in F.I.R./case crime no. 0180 of 2025, Under Sections-316(5), 318(4) B.N.S. (Similar to 409, 420 I.P.C.) Police Station- Bihar, District- Unnao, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 3 not to arrest or adopt any coercive measures against the petitioner on the basis of false first information report lodged by the opposite party no. 4 on 23.05.2025 at 21:19 hours, in F.I.R./case crime no. 0180 of 2025, Under Sections- 316(5), 318(4) Β.N.S. (Similar to 409, 420 I.P.C.) Police Station- Bihar, District- Unnao, contained as 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 :- 11.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench