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2025 DAILYLAW 24621 (ALL)

GHANSHYAM AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/3963/2025 · 2025-03-02

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29696-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 3963 of 2025 Petitioner :- Ghanshyam And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- G.S. Chauhan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners; Sri Mohit Singh, learned counsel for the respondent no. 4 and the learned A.G.A. for the State. 2. This writ petition has been filed praying for the following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 03.02.2025 registered as Case Crime No. 39 of 2025, under Sections 85, 80, 352 B.N.S. and 3/4 D.P.Act, Police Station- Sipri Bazar, District- Jhansi (Annexure No. 1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report." 3. After substantial arguments once the Court is inclined to refuse the prayer for quashing of the FIR, learned counsel for the petitioners fairly states that the writ petition may be dismissed as withdrawn. However, leave may be accorded to the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. . 4. Consequently, the writ petition stands dismissed as not pressed with the aforesaid leave. 5. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioners and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 3.3.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad