Neutral Citation No. - 2025:AHC:38954-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5009 of 2025 Petitioner :- Imran Husain Respondent :- State Of U.P. Through Its Principal Secretary Home U.P. Lucknow & 2 Others Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. This writ petition is preferred praying for the following principal relief: "I. Issue a writ, order or direction in the nature of Certiorari quashing the impugned notice dated 27/11/2024 passed by the respondent no. 2/Special Executive Magistrate, Kalyanpur, Commissionerate, Kanpur Nagar in Case No. 224 of 2024, Inre State Versus Imran Husain Under Section 129/130 of the B.N.S.S., 2023, Police Station- Rawatpur, District-Kanpur Nagar, otherwise petitioners shall suffer irreparable loss and injury." 3. The impugned notice is challenged on the ground that it may be issued only against habitual offenders. Learned counsel for the petitioner states that even the FIR against the petitioner has civil consequences, as the petitioner is the son-in-law of the brother of Suhail Ahmad, and an inter se dispute exists between them. 4. Learned A.G.A. has opposed the relief and states that the instant writ petition is premature. He further submits that if the petitioner is inclined to file an objection to the impugned notice, the authority would certainly consider the same in accordance with the law. 5. Considering the factual situation and without adverting on merits of the case, the writ petition is disposed of with the observation that, in case the petitioner files an objection to the impugned notice, we hope and expect that the same will be considered in accordance with the law. Order Date :- 19.3.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad