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2025 DAILYLAW 166455 (ALL)

REETA DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/8964/2025 · 2025-09-18

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. - 8964 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Anil Kumar Tripathi, learned counsel for the petitioners, Sri Girijesh Dwivedi, learned Additional Government Advocate and perused the record. 2. In view of the proposed order being passed, notice to respondent No. 4 is hereby dispensed with. 3. By means of the present writ petition, the petitioners have assailed the impugned FIR bearing FIR No. 0153/2025, dated 15.09.2025, under Sections 316(5) BNS, Police Station Mahruwa, District Ambedkar Nagar. 4. Learned counsel for the petitioners stated that the impugned FIR has been lodged on the misconceived allegation, in as much as, the petitioners have not committed any offence as alleged in the impugned FIR. 5. Learned A.G.A. has opposed the aforesaid submission of learned counsel for the petitioners. 6. However, after arguing the matter at some length, learned counsel for the petitioners has requested that he may be permitted to file an anticipatory bail application before the competent Court i.e. Court of Sessions and direction may be issued to decide the same with expedition. 7. In view of the above, without entering into the merits of the case, we hereby dispose of this writ petition finally at admission stage giving liberty to the petitioners to file anticipatory bail application before the learned Sessions Court within a period of three weeks taking all pleas and grounds, Versus Counsel for Petitioner(s) : Anil Kumar Tripathi, Ajitanshu Tripathi, Digvijay Mishra, Durga Baksh Singh Counsel for Respondent(s) : G.A. Reeta Devi And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s) which are available to them and if such anticipatory bail application is filed within the aforesaid stipulated time, the same shall be heard and disposed of finally with expedition without giving any unnecessary adjournment to either of the party. September 18, 2025 Arun CRLP No. 8964 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench