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2025 DAILYLAW 155163 (ALL)

VIMAL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

/6986/2025 · 2025-08-06

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45749-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6986 of 2025 Petitioner :- Vimal Kumar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Petitioner :- Bhavya Prakash Shukla,Avinash Pandey,Prashant Kumar,Shikhar Deep Singh,Vipin Kumar Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners and Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the proposed order notice to opposite party no. 2 is hereby dispensed with. 3. At the very outset learned AGA has raised objection to the effect that the allegation so levelled against the petitioners are being corroborated with the statement of the prosecutrix recorded under section 183 BNSS so this F.I.R. may not be quashed even if the counter affidavit has been filed. He has further submitted that law is trite on the point that an interim order (like a stay) should generally not be granted when an FIR is unlikely to be quashed. 4. Sri Bhatt has submitted that the petitioners may approach the appropriate remedy by filing anticipatory bail application. 5. Be that as it may, without entering in to the merits of the issue, We dispose of this writ petition at the admission stage giving liberty to the petitioners to file an anticipatory bail application before the competent court i.e. sessions court within two weeks and if such application is filed within the time stipulated, the same may be heard and disposed of finally with expedition without giving any unnecessary adjournment to any of the parties. . [Syed Qamar Hasan Rizvi,J. ] [Rajesh Singh Chauhan, J.] Order Date :- 6.8.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench