GUDDU CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/6653/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153283 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153283 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43324-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6653 of 2025 Petitioner :- Guddu Chauhan Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Avnish Kumar Singh 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.
2. This petition has been filed with the following main prayers:
"i) issue a writ direction or order in the nature of certiorari quashing the impugned FIR dated 05.07.2025 pertaining to FIR/Case Crime No. 326/2025 for the offence U/s 115(2), 351(2), 137(2) & 127(2) BNS lodged at P.S-P.G.I., District-Mau, as contained in Annexure No. 1 to this Writ Petition. ii) issue a writ direction or order in the nature of mandamus commanding the opposite parties not to arrest the petitioner in connection to impugned FIR dated 05.07.2025 pertaining to FIR/Case Crime No. 326/2025 for the offence U/s 115(2), 351(2), 137(2) & 127(2) BNS lodged at P.S- P.G.I., District-Mau."
3. It has been submitted by learned counsel for the petitioner that the informant has also made out a notarized affidavit in favour of the petitioner, a copy of which, has been filed as Annexure to the writ petition. There is an admission on the part of the informant that he had taken some money from the petitioner.
4. Since all the Sections invoked against the petitioner carry the punishment upto seven years imprisonment, it would be appropriate to direct the Investigating Officer to first follow the provision of Section 35(3) of B.N.S.S., 2023, in view of the observations made above and then proceed in the matter. Ordered accordingly.
5. The writ petition stands disposed of. Order Date :- 28.7.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench