Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 166743 (ALL)

DWARIKA PRASAD YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

CRLP/9080/2025 · 2025-09-25

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9080 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 12.09.2025 bearing F.I.R./ Case Crime No.119 of 2025, under Sections 125 of B.N.S. and Section 30 of Arms Act, Police Station-Sairpur, District-Lucknow, so far as it relates to the present petitioners, 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. The petitioners have not participated in the trial proceedings, therefore, Non-Bailable Warrants have been issued against the present petitioners. 5. Notably, the sections under which the FIR has been lodged are having punishment for the term less than seven years imprisonment, therefore, the petitioners are entitled for the benefit of the judgment 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. Versus Counsel for Petitioner(s) : Rajesh Kumar Singh, Abhishek Kumar Singh Counsel for Respondent(s) : G.A. Dwarika Prasad Yadav And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Respondent(s) 6. Accordingly, this writ petition is consigned to record. 7. It is needless to say that the petitioners may file appropriate application before the competent court of law challenging the Non-bailable warrants. September25,2025 Suresh/ CRLP No. 9080 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