SHIVA YADAV ALIAS SHIV KUMAR YADAV AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS
CRLP/7462/2025 · 2025-08-29
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157871 (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. - 7462 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Devendra Verma, 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. 4 is dispensed with.
3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 04.08.2025 bearing FIR/Case Crime No. 758 of 2025, for the offence under Section 3(5), 126(2), 352, 115(2), 333, 74, 109(1), 351(3) of Bhartiya Nayay Sanhita (BNS), 2023 and 3(2)(va) SC/ST Act, registered at Police Station Kotwali Nagar, District Barabanki.
4. After arguing at some length learned counsel for the petitioners has stated that since the petitioners have been falsely implicated in this case, therefore, they may be given liberty to file anticipatory bail application before the competent court and direction may be issued to decide the same with expedition.
5. Without entering into the merits of the issue, we dispose of this writ petition by giving liberty to the petitioners to file anticipatory bail Versus Counsel for Petitioner(s) : Dhananjai Kumar Tripathi, Devendra Verma Counsel for Respondent(s) : G.A. Shiva Yadav Alias Shiv Kumar Yadav And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others .....Respondent(s)
application before the competent court within two weeks from today taking all pleas and grounds which are available to them and if such anticipatory bail application is filed the same may be heard and disposed of strictly in accordance with law with expedition. August 29, 2025 Om CRLP No. 7462 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