RAHUL @ VINAY KUMAR TIWARI v. STATE OF U.P. AND 2 OTHERS
CRLP/22233/2026 · 2026-10-07
Mayur Jain Jt Registrar J Listing, Tarun Saxena
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22233 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:-
"(a) Issue a writ of certiorari quashing the F.I.R dated 18.05.2026 (Annexure No.1 to this writ petition) in Case Crime no. 0149 of 2026, under Sections 190, 191(3), 115(2), 352, 351(3), 109(1) B.N.S.2023 and Sections 3(2)(v), 3(1)(D), 3(1) (Gha) Schedule Caste / Schedule Tribes (Atrocities of Prevention Act 1989) (Amended 2015), Police Station Phulpur, District Prayagraj. (b) Issue a writ of mandamus directing the respondent authorities not to arrest the petitioner in F.I.R dated 18.05.2026 in Case Crime no. 0149 of 2026, under Sections 190, 191(3), 115(2), 352, 351(3), 109(1) B.N.S. 2023 and Sections 3(2)(v), 3(1)(D) 3(1) (Gha) Schedule Caste/Schedule Tribes (Atrocities of Prevention Act 1989) (Amended 2015), Police Station Phulpur, District Prayagraj."
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) : Suresh Singh Counsel for Respondent(s) : G.A. Rahul @ Vinay Kumar Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
4. Heard 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. 22233 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad