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2025 DAILYLAW 54819 (ALL)

SAURABH KUMAR GROVER v. STATE OF U.P. AND 3 OTHERS

CRLP/9284/2025 · 2025-05-07

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:74378-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9284 of 2025 Petitioner :- Saurabh Kumar Grover Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Saroj,Sunil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Harishchandra Dwivedi, Advocate holding brief of Sri Sunil Kumar Yadav, learned counsel for the petitioner and Sri S.S.R. Dwivedi, learned A.G.A. for the State-respondents. 2. The present writ petition has been filed with the following prayers:- "(A) issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 30.01.2025 lodged in Case Crime No.0005 of 2025, Under Section 66D Information Technology (Amendment) Act 2008, 319(2) & 318(4) B.N.S. 2023, lodged at Police Station P.S. Cyber Crime Police Station- Bhadohi, District-Bhadohi as (Annexure No.1). (B) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents authorities not to harass the petitioner in pursuant the First Information Report dated 30.01.2025 lodged in Case Crime No.0005 of 2025, Under Section 66D Information Technology (Amendment) Act 2008, 319(2) & 318(4) B.N.S. 2023, lodged at Police Station P.S. Cyber Crime Police Station-Bhadohi, District-Bhadohi." 3. Admittedly, the petitioner herein is not named in the FIR. 4. We find that the present petition is not maintainable in the light of judgement of Hon'ble Apex Court passed in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 5. However, we also find that all the offences are punishable with imprisonment upto seven years and the petitioner has received notice under Section 35(3) of the B.N.S.S. 6. The petition accordingly stands dismissed. Order Date :- 8.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad