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2025 DAILYLAW 182733 (ALL)

RAM GOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO. AND OTHERS

/10137/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10137 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Shesh Mani Shukla, learned counsel for the petitioner and learned A.G.A. for the State. 2. Learned A.G.A has raised a preliminary objection that this is a second writ petition for the same relief, as such, the same is not maintainable for the reason that the first writ petition was dismissed with liberty to pursue other remedy available to him under law. 3. Learned counsel for the petitioner submits that this petition has been filed as the liberty has already been granted by the Court while dismissing the earlier writ petition on the ground that he could not disclose the order passed by the court in anticipatory bail application. 4. Having considered the submissions of learned counsel for the parties and going through the order dated 10.10.2025, it is apparent that the petition got dismissed with liberty to pursue other remedy available to him under law by means of the order dated 10.10.2025, which on reproduction reads as under:--- "Learned counsel for the applicants submits that applicants may be permitted to withdraw the instant application with liberty to approach the trial court while seeking benefit of ratio of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned counsel for the State has no objection to the submission aforesaid. In view of the aforesaid, instant application is dismissed as withdrawn with Versus Counsel for Petitioner(s) : Shesh Mani Shukla, Arvind Yadav, Vinod Kumar Tripathi Counsel for Respondent(s) : G.A. Ram Gopal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Others .....Respondent(s) liberty as sought above. Consigned to the record." 5. In view of above, the writ petition seeking the same relief i.e. challenging the same F.I.R. is not maintainable as the liberty was granted to him to pursue any other remedy available to him under law in regard to the impugned F.I.R. 6. With the aforesaid, the second writ petition for the same relief is, accordingly, dismissed. December 15, 2025 Shahnaz CRLP No. 10137 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench