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2026 DAILYLAW 13715 (ALL)

AYUSH GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/21611/2026 · 2026-10-07

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21611 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed by the petitioner with the following main prayers:- "(i) issue a writ, order or direction in the nature of Certiorari calling for record and quashing the impugned FIR dated 11.06.2026 (Annexure No.1 to the writ petition) registered as Case Crime No.311 of 2026, under Sections 3(5), 351(3), 352, 109(1) & 115(2) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station Bewar, District Mainpuri. (ii) issue a writ, order or direction in the nature of Mandamus restraining the respondents from taking any coercive measures against the petitioner in pursuance of the aforesaid FIR dated 11.06.2026 (Annexure No.1 to the writ petition) registered as Case Crime No.311 of 2026, under Sections 3(5), 351(3), 352, 109(1) & 115(2) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station Bewar, District Mainpuri." 2. After some length of arguments, learned counsel appearing on behalf of the petitioner made an innocuous prayer that he may be permitted to withdraw the instant writ petition with liberty to avail the appropriate remedy available under the law as advised. 3. Learned AGA appearing on behalf of the State-respondents vehemently opposed the instant writ petition but has no objection on innocuous prayer made by learned counsel appearing on behalf of the petitioner. Versus Counsel for Petitioner(s) : Rajneesh Tripathi, Ram Mohan, Sanjay Dubey Counsel for Respondent(s) : Anurag Dubey, G.A. Ayush Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Heard Mr. Utkarsh Mishra, Advocate holding brief of Mr. Rajneesh Tripathi, learned counsel appearing on behalf of the petitioner as well as learned A.G.A. appearing on behalf of the State-respondents and perused the material available on record. 5. Since, learned counsel appearing on behalf of the petitioner has not pressed the instant writ petition on merits, only made innocuous prayer to avail appropriate alternative remedy as advised, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner. 6. Accordingly, the instant writ petition is dismissed as withdrawn with liberty as prayed. October 8, 2026 Atul CRLP No. 21611 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad