ASHUTOSH DUBEY @ LUPUAI v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME LKO. AND OTHERS
CRLP/7129/2025 · 2025-08-08
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156409 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46378-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7129 of 2025 Petitioner :- Ashutosh Dubey @ Lupuai Respondent :- State Of U.P. Thru. Secy. Ministry Of Home Lko. And Others Counsel for Petitioner :- Kuldeep Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri M.S. Pandey, learned counsel for the petitioner, as well as Sri Ashok Kumar Singh, learned Additional Government Advocate appearing for the opposite parties/State Authorities, and perused the record.
2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with.
3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 31.05.2025 bearing FIR/Case Crime No.0108 of 2025 for the offences under Sections 109(1), 115(2), 352, 351(3) and 117(2) of Bhartiya Nayay Sanhita (BNS), 2023 read with Sections 3(1) (Da), 3(1)(Dha), 3(2)(va) and 3(2)(v) SC/ST (Prevention of Atrocities) Act, 1989 (Amendment Act 2015) registered at Police Station Maheshganj, District Pratapgarh.
4. After arguing at some length, learned counsel for the petitioner has requested that he may be permitted to withdraw the petition and liberty be given to the petitioner to file anticipatory bail application and a direction may be given to the Court concerned to decide the anticipatory bail application with expedition.
5. Considering the request made by learned counsel for the petitioner, this petition is dismissed as withdrawn. However, liberty is given to the petitioner to file anticipatory bail application before the Court of Session within a period of two weeks from today, taking all pleas and grounds which are available to him, and if such anticipatory bail application is filed, the same shall be decided with expedition, without granting any unnecessary adjournment to any party. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 8.8.2025MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench