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2025 DAILYLAW 148574 (ALL)

GUDDU @ GUDDU PRAJAPATI @ RAKESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLP/5776/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36973-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5776 of 2025 Petitioner :- Guddu @ Guddu Prajapati @ Rakesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Shailendra Kumar Tiwari,Vijay Kumar Azad 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 AGA for the State. 2. This writ petition has been filed with the following two main prayers:- "(i). issue a writ, order or direction in the nature of certiorari thereby quashing the impugned FIR lodged by the opposite party no.3 bearing First Information Report No.176 of 2025, under Section 137(2) BNS and Sections 16, 17 of POCSO Act, Police Station Kudwar, District Sultanpur on 10.06.2025, at about 18:01 (contained as Anenxure 1) so far as it relates to the petitioner in the interest of justice ; (ii) issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no.2 to not to arrest the petitioner in pursuance of impugned First Information Report No.176 of 2025, under Section 137(2) BNS and Sections 16, 17 of POCSO Act, Police Station Kudwar, District Sultanpur on 10.06.2025, at about 18:01 (contained as Anenxure 1) so far as it relates to the petitioner in the interest of justice." 3. Learned AGA on the basis of instructions dated 27.06.2025 sent by Sub Inspector Police Station Kudwar, District Sultanpur states that Section 87 of the BNS has been added after investigation. Instructions, so filed, are kept on record. 4. The writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition. Order Date :- 1.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench