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2025 DAILYLAW 175143 (ALL)

KULDEEP KUMAR WRONGLY MENTIONED IN FIR KULDEEP LAMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/10078/2025 · 2025-11-03

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10078 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Manjeet Singh, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed seeking following main prayer:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 27.9.2025 lodged by the opposite party no.4 in FIR/Case Crime No.360/2025, Under Sections : 64(1), 87, 137(2) BNS and Section 4(2) POCSO Act, Police Station Rampur Mathura, District Sitapur, as contained in Annexure No.1 to the writ petition." 3. Learned A.G.A., on the basis of instructions received from Sri Sanjai Kumar Pandey, Incharge Inspector / Investigating Officer, Police Station Rampur Mathura, District Sitapur, submits that Section 64(1) BNS has been dropped out during investigation and in place of it new Sections have been added, therefore, now the F.I.R. survives under Sections 65(1), 87, 137(2) BNS, Section 4/2 of POCSO Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The said instructions are taken on record. 4. Faced with above, learned counsel for the petitioners submits that this petition may be dismissed as not pressed with liberty to file afresh with proper pleadings and prayers. To which, there is no objection by learned Versus Counsel for Petitioner(s) : Manjeet Singh, Amrendra Bakhsha Das Counsel for Respondent(s) : G.A. Kuldeep Kumar Wrongly Mentioned In Fir Kuldeep Lama And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) A.G.A. 5. In view of above, the present writ petition is dismissed as not pressed with liberty as aforesaid. November 3, 2025 Saurabh CRLP No. 10078 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench