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2025 DAILYLAW 158613 (ALL)

SANTOSH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND OTHERS

/7592/2025 · 2025-09-12

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7592 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Vinay Kumar, learned counsel for the petitioner and Sri Yogesh Kumar Singh, learned AGA for the State-opposite parties No.1 & 2. 2. In view of the order proposed to be passed, notice to opposite party no.3 is dispensed with. 3. By means of this petition, the petitioner has assailed the impugned First Information Report (in short F.I.R.) dated 15.07.2025 bearing FIR/ Case Crime No.0069 of 2025, under Sections 74, 115(2), 352, 351(3) and 64 of Bharatiya Nyaya Sanhita, 2023, Police Station- Haliyapur, District- Sultanpur, as contained in Annexure No.1 to the writ petition. 4. Learned Additional Government Advocate, on the basis of instructions, has stated that this is a case wherein besides other sections, Section 64 B.N.S (Section 376 I.P.C.) and the provisions of POCSO Act are involved. 5. Therefore, learned counsel for the petitioner has requested that the petitioner may be given liberty to file appropriate 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 without interfering with the impugned F.I.R. as well as considering the aforesaid request of learned counsel for the petitioner, we hereby dispose of this writ petition finally at the admission stage with liberty to the present petitioner to file anticipatory bail application within a period of two weeks from today before Versus Counsel for Petitioner(s) : Vinay Kumar, Sandeep Kumar Ojha, Touqeer Ahmad Counsel for Respondent(s) : G.A. Santosh .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko And Others .....Respondent(s) the competent court of law, and if such application is filed by the petitioner, the same may be disposed of, strictly in accordance with law, on its own merit, with expedition. September12,2025 Suresh/ CRLP No. 7592 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