AISHWARYA TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. PRIN. SECY. LKO. AND 2 OTHERS
NA528/1389/2025 · 2025-10-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199731 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1389 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
2. The present application has been filed with the prayer to quash the F.I.R. No.415/2024 under Sections 74, 351(2), 352, 118(1), 115(2), 85 BNS and Section 3/4 D.P. Act, Police Station Sushant Golf City, District South Police Commissionerate, Lucknow.
3. Learned A.G.A as well as learned counsel for the complainant raised preliminary objection and submit that before Allahabad High Court, the roster for quashing of the F.I.R. is assigned to the Division Bench under Article 226 of the Constitution of India, therefore, present application is not maintainable.
4. Learned counsel for the applicant relies on the decision of Hon'ble Supreme Court in the case of Pradnya Pranjal Kulkarni Vs. State of Maharashtra & Anr. passed in Special Leave to Appeal (Crl.) No.13424 of 2025 and submits that option is available to the applicant either to file writ petition for quashing of F.I.R. or application under Section 528 of BNSS, therefore, objection raised by learned A.G.A. as well as learned counsel for the complainant are not sustainable.
5. It is evident from the report of the Registry that proper group is criminal writ petition for quashing of the F.I.R., therefore, this Court is Versus Counsel for Applicant(s) : Manoj Kumar Shukla Counsel for Opposite Party(s) : G.A. Aishwarya Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Prin. Secy. Lko. And 2 Others .....Opposite Party(s)
of the view that as per report of Registry, present application is not maintainable, accordingly, the same is hereby dismissed.
6. However, it is open to the applicant to take appropriate remedy before appropriate forum. October 8, 2025 GauraV/- NA528 No. 1389 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench