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2025 DAILYLAW 147687 (ALL)

PRAKASH YADAV @ OM PRAKASH YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS

CRLP/5513/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36910-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5513 of 2025 Petitioner :- Prakash Yadav @ Om Prakash Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Lalji Yadav,Jitesh Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents. 2. This petition has been filed with the following main prayer:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report registered at F.I.R. No. 0095 of 2025 Under Section 76, 115(2), 351(3) 353, 333 BNS, Police Station Manikpur, District - Pratapgarh, 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 directing the opposite parties not to arrest the Petitioner in F.I.R. No. 0095 of 2025 Under Section 76, 115(2), 351(3) 353, 333 BNS, Police Station Manikpur, District - Pratapgarh, as contained in Annexure No. 1 to this Writ petition." 3. Learned A.G.A. for the State has pointed out that after investigation and recording the statement of the victim under Section 183 of the BNSS, Section 63 of the BNS has been added. 4. Accordingly, this petition is dismissed as not pressed with liberty to the petitioner to file a fresh petition. Order Date :- 1.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench