VIKASH TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/9225/2025 · 2025-10-10
Amitabh Kumar Rai, Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166129 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166129 (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. - 9225 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioners, Ms. Meera Tripathi, learned A.G.A. appearing for the State/opposite parties and Sri Sheo Prakash Singh, learned counsel for the opposite party no. 4.
2. Learned AGA has produced the instruction letter dated 25.9.2025 before the Court, same is taken on record.
3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 28.8.2025 bearing FIR/Case Crime No. 0158 of 2025, for the offence under Section 77, 351(2), 352 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Sangipur, District Pratapgarh.
4. At the very outset it has been informed by the learned counsel for the opposite party no. 4 that during the pendency of this petition petitioner no. 1 i.e. Vikash Tiwari has surrendered and sent to judicial custody. There is no specific information in respect of petitioner no. 2. Further this is a case of gang-rape wherein during the investigation section 70 BNS has been added. The statement of the prosecutrix u/s 183 BNSS has been recorded.
5. Keeping in view the aforesaid facts and circumstances we do not find any plausible reason to keep this petition pending any longer, therefore, the same is dismissed. Versus Counsel for Petitioner(s) : Ashish Kumar Counsel for Respondent(s) : G.A., Sheo Prakash Singh Vikash Tiwari And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
6. However, it is always open to the petitioners to take appropriate legal remedy before the appropriate court of law. October 10, 2025 Om CRLP No. 9225 of 2025 2 (Amitabh Kumar Rai,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench