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2025 DAILYLAW 152648 (ALL)

ROSHNI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6564/2025 · 2025-07-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42636-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6564 of 2025 Petitioner :- Roshni Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Pankaj Verma,Deepansi,Kuldeep Kumar Srivastava,Mangal Sen Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed with the following main prayer: "Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report bearing FIR No.0166 of 2025, under section 115(2), 352, 351(3), 110, 326(f) of B.N.S. 2023, dated 14.05.2025 registered at Police Station- Bihar, District- Unnao, contained as Annexure No.1 to this writ petition, in the interest of justice." It has been submitted by learned counsel for the petitioner that Sections invoked against the petitioner carry a punishment upto seven years and, therefore, the petitioner is entitled for the benefit of the judgement rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Learned A.G.A., on the basis of instructions dated 20.07.2025 sent by Sri Rahul Singh, Incharge Inspector, P.S. Bihar, Unnao, says that after investigation and looking into the ante mortem injuries, certain Sections have been added. Section 109(1) of the B.N.S. has been deleted and Section 103(1) of the B.N.S. has been added. Instructions are kept on record. This petition is dismissed with liberty to the petitioner to file a fresh petition. Order Date :- 24.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench