TAHAUVVAR HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 8 OTHERS
CRLP/9414/2025 · 2025-10-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167892 (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. - 9414 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This writ petition has been filed seeking following main relief (s) :-
"1. Issue a Writ, Order or Direction in the nature of Certiorari to quash the order dated 21.04.2025 and 12.05.2023 passed by Learned District Session Court Balrampur in Criminal Revision no. 50 of 2023 and learned A.C.J.M/Civil Judge (Senior Division) F.T.C District Balrampur in Criminal Misc. Case no. 190 of 2023 under section 156 (3) Cr.P.C respectively as contained in Annexure no.1 and 2 to this petition in the interest of justice. II. Issue writ order or direction in the nature of Mandamus thereby Commanding the Opposite party no.1 and it's concerned subordinate authorities to consider and ensure as to lodging First Information Report and fair investigation of the offences committed by the private opposite parties promptly in the interest of justice." Learned A.G.A., at the very outset, raised a preliminary objection stating that for the relief sought the petitioner has a remedy under Section 528 of the B.N.S.S., 2023. On being confronted, after taking note of the above, learned counsel for the petitioner states that he may be permitted to withdraw the writ petition with liberty to avail the remedy available. Accordingly, the writ petition is dismissed as withdrawn with the liberty as prayed for. Office is directed to return the certified copy of the papers, if any, to the learned counsel for the petitioner as per rules. October 7, 2025 ML/- Versus Counsel for Petitioner(s) : Shivam Kumar Mishra, Jitendra Kumar Upadhyaya, Laxman Singh, Manish Barnwal, Ujjwal Mishra Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Tahauvvar Husain .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 8 Others .....Respondent(s) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench