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2025 DAILYLAW 159546 (ALL)

KOMIL AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

CRLP/7779/2025 · 2025-09-16

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. - 7779 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard Sri Ajay Kumar Tripathi, learned counsel for the petitioners, Sri Dinesh Singh Rana, learned A.G.A. for the State and Sri Gaurav Chandra Kashyap, learned counsel has filed his Vakalatnama on behalf of opposite party no.4 which is taken on record. 2. By means of present writ petition, the petitioners have prayed the following relief(s):- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R dated 18.07.2025 at 06:31 lodged by opposite party no 4 at Police Station Mallawan District Hardoi, registered at F.I.R. No. 0257/2025, Under sections 64(1), 76, 351(3) B.N.S., as contained in Annexure No, 1. (ii) Issue, a writ, order or direction in the nature of Mandamus directing to the opposite parties not to arrest the petitioners in connection with F.I.R dated 18.07.2025 at 06:31 lodged by opposite party no 4 at Police Station Mallawan District Hardoi, registered at F.I.R. No. 0257/2025, Under Sections 64(1), 76, 351(3) of B.N.S., as contained in Annexure No, 1. " 3. Learned A.G.A. has produced a copy of instructions/ letter dated 21.08.2025, which is taken on record. Versus Counsel for Petitioner(s) : Ajay Kumar Tripathi, Vijay Kumar Counsel for Respondent(s) : G.A., Gaurav Chandra Kashyap Komil And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) 4. As per the aforesaid instructions, after recording the statement of the prosecutrix under Section under sections 180 and 183 B.N.S.S., in place of Section 64(1)/76 B.N.S.S., Section 70(1) B.N.S.S. has been added. Therefore, learned A.G.A. has stated that it is case of gang rape. 5. Learned counsel for the petitioners has stated that the present petitioners have been falsely implicated . 6. Be that as it may, since the allegation has been levelled against the present petitioners and the veracity of the allegations may not be tested in a writ filed under Article 226 of the Constitution of India,therefore, this writ petition is dismissed. 7. However, it is always open for the petitioners to file anticipatory bail before the competent court of law and if such application is filed, the same may be heard and disposed of with expedition. September 16, 2025 dk/ CRLP No. 7779 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench