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2025 DAILYLAW 66781 (ALL)

BALKISHUN v. STATE OF U.P. AND 5 OTHERS

CRLP/12404/2025 · 2025-09-14

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 12404 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Rejoinder affidavit filed today is taken on record. Heard the counsel for the petitioner the A.G.A. representing respondent nos. 1, 2 and 3. The present petition has been filed for the following relief:- "a) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned first information report dated 24.12.2024 of Case Crime No. 321 of 2024 under sections 319(2), 318(4), 338, 336(3), 340(2), and 351 (2) B.N.S., Police Station Rudhauli, District Basti. b) Issue a writ, order or direction in the nature of mandamus directing the police authorities to ensure rule of law, so that petitioner may live with peace with their family without threat of life." It has been stated in the counter affidavit filed by the Additional Government Advocate that a final report has already been filed in the aforesaid case. Petitioner has remedy to file his objection before the concerned Magistrate and it is not a case and it is not a case of further proceedings under Article 226 of the Constitution of India. The writ petition is disposed of with the aforesaid observation. September 15, 2025 n.u. Versus Counsel for Petitioner(s) : Avinash Kumar Chaubey, Kartikey Pandey Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Balkishun .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad