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2025 DAILYLAW 145836 (ALL)

JITENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND OTHERS

CRLP/5154/2025 · 2025-06-12

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35372-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5154 of 2025 Petitioner :- Jitendra Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Others Counsel for Petitioner :- Piyush Kumar Singh 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 and perused the record. 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 first information report lodged by the opposite party no.3 on 3.6.2025 vide F.I.R. No.252 of 2025, under sections- 191 (2), 127 (2), 308 (5), 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, later on section 115 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, is also added, at Police Station-Kotwali Dehat, District- Gonda, as contained in Annexure no.1 to this writ petition, so far as it relates to the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 and 2 not to arrest or adopt any coercive measures against the petitioner on the basis of impugned first information report lodged by the opposite party no.3 on 3.6.2025 vide F.I.R. No.252 of 2025, under sections- 191 (2), 127 (2), 308 (5), 351 (3) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, later on section 115 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, is also added, at Police Station-Kotwali Dehat, District- Gonda, 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 :- 12.6.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench