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2025 DAILYLAW 92104 (ALL)

ARTI BANSAL AND ANOTHER v. STATE OF UP AND 16 OTHERS

CRLP/20265/2025 · 2025-09-09

Salil Kumar Rai, Zafeer Ahmad

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20265 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioners and the A.G.A. The present petition has been filed for the following relief:- "i. Issue a writ, order or direction in the nature of 'Certiorari quashing the impugned FIRs as well as subsequent proceedings of Case Crime Nos. 612/24, 647/24, 686/24, 687/24, 688/24, 1086/24, 270/25, 572/25 all registered at PS Kotwali Lalitpur District Lalitpur, Case Crime No. 236/24 PS Mehrauni District Lalitpur, Case Crime No. 190/24 PS Narahat District Lalitpur. Case Crime No. 231/24 PS Jakhlaun District Lalitpur, Case Crime no. 301/24 and 204/24 P/S Jakhaura District Lalitpur and Case Crime No. 261/2024 PS Talbehat District Lalitpur. (Annexure-No.1 to this writ petition) in respect of petitioners registered in the District of Lalitpur as local police has no jurisdiction to filed a charge sheet and prosecute petitioner as per section 7, 29, 30 of BUDS Act-2019 including Rule-9 & 10 of BUDS Rule-2020 as well as proceeding are barred as per the provisions of section 117 of The Multe State Co- operative Societies Act-2002. ii. Issue a writ, order or direction in the nature of 'Prohibition' commanding respondent police authorities to not to proceed in the matters of LUCC society as local police has no jurisdiction to filed a charge sheet and prosecute petitioner as per section 7, 29, 30 of BUDS Act-2019 including Rule-9 & 10 of BUDS Rule-2020 as well as proceeding are barred as per the provisions of section 117 of The Multe State Co-operative Societies Act-2002. iii. Issue a writ, order or direction in the nature of 'Mandamus' commanding the Chief Judicial Magistrate Lalitpur to decide pending application of petitioner no. 01 under section 173(4) of BNSS during the pendency of present writ petition." A perusal of the First Information Report discloses commission of cognizable offence in the above case. In view of the aforesaid, no case for quashing the first information report is made out. Versus Counsel for Petitioner(s) : Krishn Kumar, Praveen Shrivastav Counsel for Respondent(s) : G.A. Arti Bansal And Another .....Petitioner(s) State Of Up And 16 Others .....Respondent(s) For the aforesaid reason, the present writ petition is dismissed. September 10, 2025 n.u. CRLP No. 20265 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad