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2025 DAILYLAW 171297 (ALL)

ARVIND KUMAR TRIPATHI v. STATE OF U.P. AND 10 OTHERS

CRLP/19558/2025 · 2025-10-27

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19558 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed by the petitioner for the following reliefs:- "i. Issue a writ, order or direction in the nature of 'Certiorari' quashing the impugned notice dated 11.05.2025 issued to petitioner under section 35(3) of BNSS (Annexure- No.1 to this writ petition). ii. Issue a writ, order or direction in the nature of 'Certiorari' quashing the impugned FIRs (Annexure-No.1 to this writ petition) in respect of petitioner registered in the District of Lalitpur as local police has no jurisdiction to filed a charge sheet and prosecute petitioner as per section 7, 29, 30 of BUDS Act-2019 including Rule-9 & 10 of BUDS Rule-2020 as well as proceeding are bared as per the provisions of section 117 of The Multe State Co-operative Societies Act-2002. iii. Issue a writ, order or direction in the nature of 'Mandamus' commanding the not to proceed against the petitioner in terms of impugned notices/FIRs., during the pendency of present writ petition of this Hon'ble Court. iv. to direct respondent to adequately compensate petitioner for loss of repute and character assassination." 2. Learned A.G.A. appearing on behalf of State vehemently opposed the instant writ petition and submitted that instant writ petition has been filed by the petitioner at premature stage. He further submitted that petitioner is not named in the F.I.R. and also fairly conceded that after investigation, Versus Counsel for Petitioner(s) : Krishn Kumar, Praveen Shrivastav Counsel for Respondent(s) : G.A. Arvind Kumar Tripathi .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) no material was found against him. It is therefore, argued and prayed that the instant writ petition may be disposed of. 3. Learned counsel appearing on behalf of petitioner at this stage submitted that the instant writ petition may be disposed of in light of the above statement given by the learned A.G.A. 4. Heard learned counsel for the petitioner, learned A.G.A. appearing on behalf of State and also considered the prayer as made by learned counsel for the petitioner. 5. Taking into consideration the submissions advanced by learned counsel for the parties, we do not find any good reason to keep this petition pending for further adjudication. 6. In view of the above, the instant writ petition is disposed of. October 28, 2025 AKT CRLP No. 19558 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad