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2025 DAILYLAW 97047 (ALL)

SMT. POOJA v. STATE OF U.P. AND 2 OTHERS

CRLP/20962/2025 · 2025-09-16

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20962 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:- " i. to issue a writ, order or direction in the nature of certiorari and quash the impugned First Information Report dated 04.08.2025 (filed as Annexure No.1 to this writ petition) registered at Case Crime (FIR) No.0156 of 2025, under Sections 108 Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station: Gursarai, District Jhansi; ii. to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioner pursuant to the impugned First Information Report dated 04.08.2025 (filed as Annexure No.1 to this writ petition) registered at Case Crime (FIR) No.0156 of 2025, under Sections 108 Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station: Gursarai, District - Jhansi." It has been argued by the counsel for the petitioner that from the recitals in the first information report itself, no case under Section 108 B.N.S. is made out against the petitioner and the first information report has been registered with the mala fide purpose only to harass the petitioner. The AGA has opposed the petition. It would serve no useful purpose to keep the writ petition pending. In the circumstances of the case and after considering the rival arguments of Versus Counsel for Petitioner(s) : Brijesh Kumar Yadav, Ranjana Counsel for Respondent(s) : G.A. Smt. Pooja .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 04.08.2025 registered at Case Crime (FIR) No.0156 of 2025, under Sections 108 Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station: Gursarai, District Jhansi till submission of the police report under Section 193 of BNSS, 2023. September 17, 2025 Vipasha CRLP No. 20962 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad