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2026 DAILYLAW 7907 (ALL)

SAGAR AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/2350/2026 · 2026-09-15

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. - 2350 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 petitioners with the following main prayers:- "I. To issue a writ, order or direction in the nature of certiorari to quash the Impugned F.I.R. dated 19.01.2026 having Case Crime No. 31/2026, under Sections 85, 115(2), 351(3), 352, 109 of B.N.S. and 3/4 Dowry Prohibition Act, Police Station-Hapunagar, District-Hapur. II. To Issue a writ order or direction in the nature of mandamus directing to the respondents not to arrest the petitioners in pursuance of the impugned F.I.R. dated 19.01.2026 having Case Crime No. 31/2026, under Sections 85, 115(2), 351(3), 352, 109 of B.N.S. and 3/4 Dowry Prohibition Act, Police Station-Hapunagar, District-Hapur." 2. After some length of arguments, learned counsel appearing on behalf of the petitioners 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 before the appropriate Court 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 petitioners. 4. Heard learned counsel appearing on behalf of the petitioners as well as learned A.G.A. appearing on behalf of the State-respondents and perused Versus Counsel for Petitioner(s) : Akash Kumar Pathak, Rajiv Kumar Mishra Counsel for Respondent(s) : Ajay Kumar Srivastava, G.A. Sagar And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) the material available on record. 5. Since, learned counsel appearing on behalf of the petitioners 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 petitioners. 6. Accordingly, the instant writ petition is dismissed as withdrawn with liberty as prayed. September 16, 2026 Atul CRLP No. 2350 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad