USHA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/5679/2025 · 2025-07-01
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147888 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147888 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36890-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5679 of 2025 Petitioner :- Usha Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shyamendra Singh,Praveen Yadav,Tej Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. The present petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 17.05.2025 lodged by the opposite party no. 4 at case crime No. 0098/2025, Under Sections-103 (1) B.N.S Police Station-Manpur, District-Sitapur so far as relates to the petitioners, contained in Annexure No. 1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 17.05.2025 lodged by the opposite party no. 4 as case crime No. 0098/2025, Under Sections-103 (1) B.N.S Police Station- Manpur, District-Sitapur, contained in Annexure No. 1 to the writ petition."
3. Learned A.G.A. has produced before this Court instruction sent by Sub Inspector- Vinod Kumar, Police Station- Manpur, District Sitapur, which is kept on record. From the said instruction it reflects that Section 103 BNSS has been deleted during investigation and Section 108 BNSS has been added.
4. In view of above, the present writ petition is dismissed with liberty to the petitioner to file a fresh petition. Order Date :- 1.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench