Allahabad High Court
Naveen Vashisht vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 11 June, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:35233-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5023 of 2025 Petitioner :- Naveen Vashisht Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Amar Singh Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State-respondents.
2. The instant petition has been preferred seeking following main relief(s):-
"(i) Issue a writ, order or direction in nature of certiorari quashing the impugned First Information Report dated 15.08.2023, registered in Case Crime No./FIR No. 0215 of 2023, Under Section-153 A, 295, 505 (1), 419, 467, 468, 471 IPC and 66 D Information Technology (Amended) Act, 2008 at Police Station-Tulsipur, District-Balrampur, in so far as it relates to the petitioner as contained in Annexure No. 1 to the writ petition.
(ii)- Issue a writ, order or direction in nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the impugned First Information Report dated 15.08.2023, registered in Case Crime No./FIR No. 0215 of 2023, Under Section-153 A, 295, 505 (1), 419, 467, 468, 471 IPC and 66 D Information Technology (Amended) Act, 2008 at Police Station-Tulsipur, District-Balrampur as contained in Annexure No. 1 to the writ petition.
(iii) Issue a writ, order or direction in nature of mandamus commanding the Investigating Officer, Case Crime No./FIR No. 0215 of 2023, Under Section-153 A, 295, 505 (1), 419, 467, 468, 471 IPC and 66 D Information Technology (Amended) Act, 2008 at Police Station-Tulsipur, District- Balrampur to include the Shree Gorakhnath Peeth Trust (First Amendment Deed) dated 05.10.2025 in the investigation."
3. After arguing the matter, at some length, learned counsel for the petitioner states that he may be permitted to withdraw this writ petition with liberty to the petitioner to take recourse to the remedy available under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "B.N.S.S").
4. Accordingly, the writ petition is disposed of with aforesaid liberty.
5. However, it is directed that in case the petitioner approaches the court of competent jurisdiction by way of moving appropriate application under Section 482 B.N.S.S, the same shall be considered and decided in accordance with law, with expedition.
Order Date :- 11.6.2025 Preeti.