NAVIN SINGH ALIAS LUCKY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/8877/2025 · 2025-10-09
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195638 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8877 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Ram Ji Trivedi, learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed seeking following main relief:-
"(i) Issue a Writ, Order or direction in the nature of Certiorari and quash the impugned F.I.R. No.0451 of 2025, dated 29.07.2025, under Sections 308(2), 329(3), 333, 351(2) B.N.S., lodged by the O.P. No.4, against the Petitioner in Police Station Ganga Ghat, District Unnao, contained in Annexure No.1 to this Writ Petition."
3. Learned counsel for the petitioner submits that the offences in the impugned FIR carry punishment less than seven years, therefore, the petitioner is entitled for benefit of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
4. Learned A.G.A., on the basis of instructions received from Sri Vinay Kumar Yadav, Sub Inspector, Police Station Ganga Ghat, District Unnao, submits that Sections 308(2), 329(3), 333, 351(2), 318(4), 338, 336(3) and 340(2) of the B.N.S., 2023 are the offences after adding of the Sections, therefore, the petitioner is not entitled for benefit of the Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The said instructions are taken on record. Versus Counsel for Petitioner(s) : Shraddha Tripathi, Pawan Kumar Upadhyay, Ram Ji Trivedi Counsel for Respondent(s) : G.A., Mohd. Salman Navin Singh Alias Lucky Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
5. Faced with above, learned counsel for the petitioner submits that he wants to withdraw this petition, therefore, the same may be dismissed as withdrawn with liberty to avail appropriate remedy. To which, there is no objection by learned A.G.A.
6. In view of above, the present writ petition is dismissed as withdrawn with aforesaid liberty. October 9, 2025 Saurabh CRLP No. 8877 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench