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2025 DAILYLAW 189872 (ALL)

JANISHAR KHAN v. STATE OF U.P. THRU. THE SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/10025/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10025 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This petition under Article 226 of the Constitution of India has been filed seeking following main relief (s) :- "(i) Issue a writ order or direction in the nature of Certiorari thereby quashing the impugned order dated 26.09.2025 passed by the Learned Special Judge (S.C.S.T. Act)/Additional District and Session Judge Court No. 2, District Unnao in Criminal Misc. Cases 347/2025 in case titled as 'Brijesh versus Sonu and others, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Party No. 2 and 3 not to arrest or adopt any coercive measures against the petitioner on the basis of the impugned order dated 26.09.2025 passed by the Learned Special Judge (S.C.S.T. Act)/Additional District and Session Judge Court No. 2, District Unnao in Criminal Misc. Cases 347/2025 in case titled as 'Brijesh versus Sonu and others, contained as Annexure No. 1 to this writ petition." Learned A.G.A., at the very outset, raised a preliminary objection stating that for the reliefs sought the petitioner has a remedy under Section 528 of Versus Counsel for Petitioner(s) : O.P. Tiwari Counsel for Respondent(s) : G.A. Janishar Khan .....Petitioner(s) State Of U.P. Thru. The Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) the B.N.S.S., 2023. On being confronted, after taking note of the above, learned counsel for the petitioner states that he may be permitted to withdraw the writ petition with liberty to avail the remedy available. Accordingly, the writ petition is dismissed as withdrawn with the liberty as prayed for. Office is directed to return the certified copy of the papers, if any, to the learned counsel for the petitioner as per rules. October 17, 2025 ML/- CRLP No. 10025 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench