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2025 DAILYLAW 194064 (ALL)

VIJAY BALIYAN v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIA/15418/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15418 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Disha Srivastava, learned counsel for the writ petitioner and Sri Vishal Singh, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was appointed as a Constable on 12.02.2020 in U.P. Police, Rampur, however, an FIR came to be lodged on 01.03.2025, being FIR no.0123 of 2025 under Section 140(2) BNS against unknown, pursuant whereto the name of the writ petitioner stood surfaced and the writ petitioner was arrested and was confined in jail. A Crl. Misc. Bail Application No.17974 of 2025, Vijay vs. State of U.P, came to be preferred in which the writ petitioner was accorded bail, however, during the period when the writ petitioner was in jail, the impugned suspension order came to be passed on 02.03.2025 by the S.P. Rampur. Learned counsel for the writ petitioner submits that though the writ petitioner has tried to join the post in question post enlargement on bail, but she has been denied posting, as suspension order is there, however, one of the grounds for suspending the writ petitioners was that the writ petitioner was confined in the jail in pursuance of a criminal case, thus with the change of the circumstances, the writ petitioner be reinstated. 3. Learned Standing Counsel on the other hand submits that the grievance of the writ petitioner post enlargement on bail needs consideration at the first instance by the second Respondent/ Superintendent of Police, Rampur. 4. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. 5. Considering the submissions so made across the Bar, the writ petition Versus Counsel for Petitioner(s) : Disha Srivastava, Subir Lal Counsel for Respondent(s) : C.S.C. Vijay Baliyan .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order before Respondent no.2/ Superintendent of Police, Rampur by 31.10.2025, who on the said motion shall proceed to consider the claim of the writ petitioner for revocation, strictly in accordance with law within a period of two months thereafter. October 14, 2025 N.S.Rathour WRIA No. 15418 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad