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2025 DAILYLAW 165023 (ALL)

MANJESH KUMAR GUPTA AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME, LKO. AND OTHERS

CRLP/8772/2025 · 2025-09-26

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. - 8772 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1.Heard Shri Avneesh Singh, learned counsel, who has filed Vakalatnama on behalf of the petitioners, Shri Arun Pandey, learned Additional Government Advocate for the State-opposite parties, Shri Avnish Kumar Tiwari, learned counsel for the opposite party No.3 and perused the record. The Vakalatnama filed by Shri Avneesh Singh, Advocate is taken on record. 2. Learned counsel for the petitioners has filed the supplementary affidavit, today in the Court, the same is taken on record. 3. By means of this writ petition, the petitioners have prayed for the following reliefs:- "(a) to issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report registered at FIR/ Case Crime No.0396 of 2025, under Sections 26, 127(1), 352, 351(3), 74 & 123 B.N.S. and Section 67 of I.T. Act, Police Station-Pali, District-Hardoi dated 09.09.2025 lodged by opposite party No.3 against the petitioners, which is contained as Annexure No.1 to the writ petition. (b) to issue a writ, order or direction in the nature of mandamus thereby commanding to the opposite parties No.1 & 2 not to arrest the petitioners in pursuance of First Information Report registered at FIR/ Case Crime No.0396 of 2025, under Sections 26, 127(1), 352, 351(3), 74 & 123 B.N.S. and Section 67 of I.T. Act, Police Station- Pali, District-Hardoi lodged by opposite party No.3 against the petitioners." 4. Learned Additional Government Advocate has produced a copy of instructions letter dated 16.09.2025 provided by Shri Sompal Gangwar, Versus Counsel for Petitioner(s) : Ram Chandra Dwivedi, Avneesh Singh, Mayank Tiwari, Uday Pratap Singh Counsel for Respondent(s) : G.A., Avnish Kumar Tiwari Manjesh Kumar Gupta And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Others .....Respondent(s) Station House Officer, Police Station-Pali, District-Hardoi addressing to the learned Government Advocate, High Court, Lucknow. The same is taken on record. 5. After arguing the matter at some length, learned counsel for the petitioners has requested that this writ petition may be disposed of giving liberty to the petitioners 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. 6. 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 petitioners, we hereby dispose of this writ petition at the admission stage giving liberty to the petitioners to file an application for anticipatory bail before the appropriate court within a period of two weeks from today taking all pleas and grounds which are available with them, and if such application is filed by the petitioners within the aforesaid stipulated time, the same may be considered and disposed of on its own merit, strictly in accordance with law, with expedition. September26,2025 Suresh/ CRLP No. 8772 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