ASHOK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
/8258/2025 · 2025-09-12
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162357 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162357 (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. - 8258 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Tariq Hussain, Advocate holding brief of Sri Lal Ji Prasad Shukla, learned counsel for the petitioner and Sri Nikhil Singh, learned A.G.A. for State-respondents.
2. Learned counsel for the petitioner submits that the first information report has wrongly been lodged under Section 105 B.N.S., whereas it should have been lodged under Section 103 (1) B.N.S. and SC/ST Act.
3. Learned A.G.A. on the basis of instruction dated 07.09.2025 received from Anup Kumar Shukla, In-charge Inspector/Investigating Officer, police station Kotwali Nagar, district Sitapur, which is taken on record, submits that prayer of the petitioner has already been granted and Section 105 B.N.S. has been altered by Section 103 (1) B.N.S. and Section in SC/ST Act has also been added and the investigation is being conducted under Section 103 (1)/238/3(5) B.N.S. and Section 3(2)V SC/ST Act.
4. In view of the above, this writ petition is misconceived and is dismissed. September 12, 2025/Rks. Versus Counsel for Petitioner(s) : Lalji Prasad Shukla Counsel for Respondent(s) : G.A. (Rajeev Singh,J.) (Rajnish Kumar,J.) Ashok Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench