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2025 DAILYLAW 162443 (ALL)

SHANI @ RAM JI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/8316/2025 · 2025-09-25

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. - 8316 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Sukh Deo Singh, learned counsel for the petitioner, Shri Shani Pratap Singh, learned Additional Government Advocate for the State- respondents and Shri Avinash Pandey, learned counsel, who has filed Vakalatnama on behalf of the opposite party No.4. The same is taken on record. 2. By means of this writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the impugned First Information Report (in short F.I.R.) dated 10.08.2025 bearing F.I.R./Case Crime No.223 of 2025, under Sections 109, 115(2), 352, 351(3) & 324(2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Motigarpur, District-Sultanpur, which is contained as Annexure No.1 to the writ petition, so far as it relates to the present petitioner. 3. After arguing the matter at some length, learned counsel for the petitioner has requested that this writ petition may be disposed of giving liberty to the petitioner to file an application for anticipatory bail before the appropriate court of law and the direction may be issued her/ him to dispose of such application with expedition. 4. Therefore, without entering into merits of the issue and without interfering with the impugned F.I.R. and considering the innocuous request of learned counsel for the petitioner, we hereby dispose of this writ petition at the admission stage giving liberty to the petitioner to file an application for anticipatory bail before the appropriate court within a period of two weeks Versus Counsel for Petitioner(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Respondent(s) : G.A. Shani @ Ram Ji .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) from today, and if such application is filed by the petitioner within the aforesaid stipulated time, the same may be considered and disposed of on its own merit, strictly in accordance with law, with expedition. September25,2025 Suresh/ CRLP No. 8316 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