Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17640 (ALL)

ARVIND TIWARI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/2667/2025 · 2025-03-03

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:29993-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2667 of 2025 Petitioner :- Arvind Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Srivastava,Prakash Kumar Shrivastava Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the petitioners, learned counsel for the respondents and learned A.G.A. for the State respondents. The petitioners have approached this court challenging the notice dated 07.01.2025 passed by Additional Police Commissioner, Achhnera / Officiating Magistrate, Agra in Case No. 27 of 2025 and 28 of 2025 (State vs. Gaurav Tiwari and Others), under Section- 129-G B.N.S.S., Police Station- Jagdishpura, District- Agra. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case on the false allegations. However, this court finds that the petitioners can file their objection and the Magistrate is required to conduct inquiry as to the truth of allegations against petitioners as per Section 135 of B.N.S.S., 2023. Since the petitioners have alternative remedy, this court is not exercising its jurisdiction under Article 226 of the Constitution of India The petition is disposed of on account of availability of alternative remedy to the petitioners. Order Date :- 4.3.2025 Rohit (Praveen Kumar Giri, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad