DIVYANSHU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS
CRLP/7367/2025 · 2025-08-28
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157284 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7367 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard. 2. This Court has passed the order dated 27.08.2025, which reads as under:-
"I.A. Application No...... of 2025
1. Heard Sri Pratyush Mishra, learned counsel for the petitioner and Sri G.D. Bhatt, learned AGA for the State-respondents. 2. Petitioner has prayed for amendment in the writ petition. 3. Application praying for amendment in the memo of writ petition is allowed. 4. Let the necessary amendments incorporated in the petition during the course of the day. Order on the Petition
5. Sri Bhatt has submitted that as per his instructions the proclamation under section 82 Cr.P.C. has already been issued. 6. To receive the written instructions, learned AGA prays for and is granted 24 hrs. time. 7. List / put up tomorrow as fresh. 8. This matter may be taken up at 12.30 P.M."
3. In compliance of the aforesaid order, Sri G.D. Bhatt, learned Additional Government Advocate has produced the instructions letter dated 28.08.2025 Versus Counsel for Petitioner(s) : Pratyush Mishra, Shashank Shukla Counsel for Respondent(s) : G.A. Divyanshu .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others .....Respondent(s)
provided by the Sub-Inspector, Police Station-Kotwali Tanda, District- Ambedkar Nagar addressing to the Government Advocate, High Court, Lucknow indicating therein that the present petitioner, Divyanshu Yadav, is the same person whose name has been indicated as Dipanshu Yadav S/o Sri Kamlesh Kumar Yadav. The proclamation has been issued under Section 82 Cr.P.C. against him as he is absconding. The aforesaid insturctions letter dated 28.08.2025 is taken on record. 4. In the light of the aforesaid development, we are not inclined to grant any relief as prayed for in the writ petition. The reliefs prayed for in the writ petition are as under:-
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.06.2025 (Annexure No.1) registered as Case Crime No.0197 of 2025, under Sections 310 (2), 317(3), 3(5), 351 (3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Tanda, District-Ambedkar Nagar against the petitioner as there is no cogent evidence or specific allegation against the petitioner.
(ii) to issue a writ, order or direction in the nature of mandamus directing the opposite party not to arrest and not to take any action against the petitioner on the basis of impugned F.I.R. dated 27.06.2025 registered as Case Crime No.0197 of 2025, under Sections 310(2), 317(3), 3(5) & 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Tanda, District-Ambedkar Nagar against the petitioner."
5. On that, learned counsel for the petitioner has requested that liberty may be given to the petitioner to file anticipatory bail application before the competent court of law and the same may be decided with expedition. 6. Therefore, without entering into merits of the issue and considering the aforesaid innocuous request of learned counsel for the petitioner, we hereby dispose of this writ petition finally at the admission stage with liberty to the petitioner to file anticipatory bail application within a period of two weeks from today or any other application as provided under law before the competent authority or competent court of law and if such application is filed by the petitioner, the same may be heard and dispose of with expedition, strictly in accordance with law. August 28,2025 Suresh/ CRLP No. 7367 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench