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2025 DAILYLAW 152376 (ALL)

MOHD. ANWAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/6543/2025 · 2025-07-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42549-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6543 of 2025 Petitioner :- Mohd. Anwar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Vikas Sharma,Heba Irfan,Pranshu Maurya Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners and learned A.G.A. for the State. This petition has been filed by the petitioners with the following main prayers : "(a) To issue a writ, order or direction in the nature of certiorari to quash the impugned F.I.R. registered 25 U/S-at case crime No. 113 of 2025 85/115(2)/352/351(3)/82(1) BNS & 3/4 D. P. Act at relating to P.S.-Buskhari, District-Ambedkar nagar as contained in Annexure No.1 with this writ petition. (b) To issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties not to adopt any coercive method against the petitioners in pursuance of the impugned false F.I.R. (c) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.2 to comply the provision of section 35(3) BNSS as provided by Hon'ble Supreme Court of India in Arnesh Kumar versus state of Bihar (2014) 8 SCC page-273, during the pendency of the present writ petition, in the interest of justice." Learned counsel for the petitioners submits that all sections invoked against the petitioner carry a punishment of upto seven years, and therefore, he is entitled to the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Learned A.G.A. on the basis of the instructions sent by Shri Kamlesh Yadav, Sub Inspector, Police Station Buskhari, District Ambedkar Nagar dated 21.07.2025 says that a charge sheet No.108 of 2025 dated 24.03.2025 was prepared and has been submitted to the Supervisory Authority. Copy of such instructions is kept on record. Since the investigation has been completed and charge sheet has been submitted to the Supervisory Authority, no fruitful purpose would be served by granting the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra) The writ petition is disposed of with liberty to the petitioner to approach the appropriate forum. Order Date :- 24.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench