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2025 DAILYLAW 161175 (ALL)

SHIVA @ SHIVAM v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3OTHERS

CRLP/8114/2025 · 2025-09-16

Rajnish Kumar, Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8114 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE SAURABH LAVANIA, J. 1. Vakalatnama filed by Shri Dheeraj Srivastava, Advocate on behalf of the respondent no. 4 is taken on record. 2. Heard Shri Dheerendra Kumar Agnihotri, learned counsel for the petitioner, learned AGA for the State and Shri Dheeraj Srivastava, learned counsel for the respondent no.4. 3. This Court had passed the following order on 15.09.2025. "1. Sri Dheeraj Srivastava, Advocate has filed power on behalf of the respondent no.4, which is taken on record. 2. Heard Sri Dheerendra Kumar Agnihotri, learned counsel for the petitioner, Sri Sri Dheeraj Srivastava, learned counsel for the respondent no.4 and learned A.G.A. for the State. 3. The instant petition has been filed with the following prayers:- "Issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 26.07.2025 in Case Crime no. 0596/2025, under section 137(2), 87 B.N.S., 2023, P.S. Kotwali Sadar, District-Kheri, as contained in Annexure No.1; issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 not to arrest the Petitioner in Case Crime no. 0596/2025, under section 137(2), 87 B.N.S., 2023, P.S. Kotwali Sadar, District-Kheri, as contained in Annexure No. 1." 4. The respondent no.4 is present in person, who has been identified by her counsel and brought by Sub Inspector- Mr. Ajit Mishra as well as Lady Constable- Ms. Nisha, Police Station- Kotwali Sadar, District- Lakhimpur Kheri. Versus Counsel for Petitioner(s) : Dheerendra Kr. Agnihotri Counsel for Respondent(s) : G.A., Dheeraj Srivastava Shiva @ Shivam .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3others .....Respondent(s) 5. Learned counsel for the petitioner submits that the petitioner along with the victim could not come today due to some difficulty. 6. As prayed, list this case tomorrow, i.e., on 16.09.2025 in terms of earlier order dated 10.09.2025. 7. On the next date, the petitioner along with the victim and the respondent no.4 shall appear in person before this Court. 8. Office is directed to show the name of Sri Dheeraj Srivastava, Advocate as the counsel for the respondent no.4 in the cause list. 9. The officers present today need not appear unless required by this Court. 10. Interim order, granted earlier, is extended till the next date of listing." 4. In deference to the previous order, the petitioner and the victim are present-in-person. 5. On a query, the victim states that they have married in the month of August, 2025 in the temple, whereas learned counsel for the respondent no. 4 as well as learned AGA for the State submits that the contrary pleadings have been taken. 6. Faced with above, learned counsel for the petitioner submits that the petitioner does not want to press this petition and the petition may be dismissed as not pressed with liberty to avail appropriate remedy as may be available under law. 7. In view of above, the petition is dismissed as not pressed with liberty as prayed for. September 16, 2025 Raj CRLP No. 8114 of 2025 2 (Saurabh Lavania,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench