SATYENDRA PANDEY @ SATYENDRA KUMAR PANDEY AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. U.P. AND OTHERS
CRLP/10698/2025 · 2025-11-15
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186678 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186678 (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. - 10698 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the respondents no.1 to 3. 2. In view of proposed order, notice to opposite party no.4 is hereby dispensed with. 3. Instant writ petition has been filed praying for a writ of certiorari quashing the FIR No.0736 of 2025 under Sections 69, 115(2), 352, 351(3) of B.N.S. 2023, Police Station Para, District Lucknow. 4. Contention of the learned counsel for the petitioners is that petitioners no.1 and 2 are the parents of Sachin Pandey while the petitioners no.3 and 4 are the sister and brother-in-law of Sachin Pandey, who is one of the accused in the FIR. 5. It is contended that the aforesaid FIR has been lodged under the aforesaid provisions of BNS, 2023. 6. The contention is that a perusal of the impugned FIR would indicate that the offence under Section 69 of BNS 2023 if at all can be said to be made out, is only against Sachin Pandey and other offences which have been indicated in the FIR all carry a sentence of less than seven years. Versus Counsel for Petitioner(s) : Anoop Kumar Upadhyay, Satish Kumar Misra Counsel for Respondent(s) : G.A. Satyendra Pandey @ Satyendra Kumar Pandey And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And Others .....Respondent(s)
7. The contention is that under the garb of the aforesaid FIR the respondents are harassing the petitioners also. 8. On the other hand, learned A.G.A. states that the statement of respondent no.4 has been recorded under Section 183 of the BNSS 2023 per which the allegations under the provisions of Section 69 of BNS 2023 have been found against Sachin Pandey. He further states that the investigation is still going on. 9. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent authorities not to take any coercive action against the petitioners till such time any credible or cogent evidence emerges during the course of investigation. 10. Needless to mention that the petitioners shall cooperate in the investigation. 11.
It is also provided that in case the petitioners do not cooperate in the said investigation, it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. November 15, 2025 A. Katiyar CRLP No. 10698 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench