SMT.VINITA ROY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6846/2025 · 2025-07-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154629 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43921-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6846 of 2025 Petitioner :- Smt.Vinita Roy And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Arunendra Nath Mishra 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 the learned AGA for the State-opposite parties no.1 to 3.
2. This writ petition has been filed with the following main prayers:-
“(i) i. Issue a writ, order or direction in the nature of certiorari to quash the impugned first information report lodged by O.P. No. 4 on dated 17/06/2025 in vide case crime No.0198/2025, U/s. 87 B.N.S., Police Station Police Station-Haidergarh, District-Barabanki, District-Hardoi, contained as ANNEXURE No.01 with this writ petition. ii. Issue a writ order or direction in nature of mandamus commanding the opposite parties not to arrest the petitioners in pursuance of the impugned first information report lodged by O.P. No. 4 on dated 17/06/2025 in vide case crime No.0198/2025, U/s 87 B.N.S., Police Station- Police Station- Haidergarh, District-Barabanki, contained as ANNEXURE No.1 with this writ petition.”
3. While going through the instructions produced by the learned AGA dated 28.07.2025 sent by Sushil Rajvanshi, Sub-Inspector, Police Station Haidergarh, District Barabanki, we find that Section 137(2) of Bharatiya Nyaya Sanhita, 2023 has been added during the course of investigation and collection of evidence.
4. Instructions are kept on record.
5. Writ petition is accordingly dismissed with liberty to the petitioners to file a fresh petition. . ( Brij Raj Singh, J.) ( Sangeeta Chandra, J.) Order Date :- 29.7.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench