MANOJ KUSHWAHA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/7493/2025 · 2025-09-08
Rajesh Singh Chauhan, S Q H Rizvi
body2025
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[ 2025 DAILYLAW 157801 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157801 (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. - 7493 of 2025 Court No. - 9 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, Sri Alok Kumar Mishra, learned counsel for the complainant and perused the record.
2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0230 of 2025, for the offence under Section 352, 74 & 333 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Majhila, District Hardoi.
3. At the very outset Sri Bhatt has produced the copy of instruction letter dated 18.8.2025 provided by the Sub-Inspector, P.S. Majhila, District Hardoi, same is taken on record.
4. In the aforesaid instructions it has been indicated that during the investigation after recording the statement of the prosecutrix section 64(1) B.N.S. has been added and section 74 B.N.S. has been deleted.
5. In the wake of the aforesaid development we are not inclined to interfere in the impugned F.I.R. However, it is always open for the petitioners to file anticipatory bail application before the competent court of law within two Versus Counsel for Petitioner(s) : Vikas Sharma Counsel for Respondent(s) : G.A., Alok Kumar Mishra Manoj Kushwaha And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
weeks from today and if such application is filed, the same may be disposed of with expedition.
6. Accordingly, writ petition is disposed of with the aforesaid observations. September 8, 2025 Om CRLP No. 7493 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench