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2025 DAILYLAW 166590 (ALL)

DEVRAJ TIWARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/9108/2025 · 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. - 9108 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners and the learned Additional Government Advocate for the State opposite party Nos.1 to 3 and perused the record. 2. In view of the order proposed to be passed, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report (in short F.I.R.) dated 11.07.2025 bearing F.I.R./ Case Crime No.0235 of 2025, under Sections 191(2), 115(2), 126(2), 351(3) & 352 of B.N.S., Police Station-Rampur Mathura, District-Sitapur, so far as it relates to the present petitioner, as contained in Annexure No.1 to the writ petition. 4. Learned AGA has informed that investigation has been concluded and charge sheet has been submitted in the present case on 25.07.2025. 5. Notably, the sections under which the FIR has been lodged are having punishment for the term less than seven years imprisonment, therefore, the petitioner is entitled for the benefit of the judgments of the Apex Court in re; Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 and Aman Preet Singh vs. Central Bureau of Investigation, (2022) 13 SCC 764. 6. Accordingly, this writ petition is consigned to record. September 25, 2025 Suresh/ Versus Counsel for Petitioner(s) : Dinesh Kumar Shukla Counsel for Respondent(s) : G.A. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Devraj Tiwari And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench