Shashi Kant Dubey v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9627 of 2023 Petitioner :- Shashi Kant Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Krishna Kumar Verma,Sheelu Verma,Yogendra Singh Counsel for Respondent :- G.A.,M.K. Singh Bhardwaj Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) The written instructions filed today are taken on record.

(2) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3.

(3) This petition has been filed by the petitioner for the following main prayer:- "1) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 01.07.2023 which was lodged by the Opposite party no.4, relating to F.I.R. No.0132/2023, under Sections 354(Kha), 504 I.P.C. and Section 3 (1) (GH), 3 (2) (VA), S.C./S.T. Act at Police Station Sangram Garh, District Pratapgarh, as contained in Annexure No.1 to this writ petition."

(4) Learned A.G.A. has produced before this Court the instructions sent by Shri Pramod Kumar Yadav, the Sub-Inspector of Police Station Sangramgarh, District Pratapgarh, wherein it has been stated that Sections 376-D, 504, 506 I.P.C. and Section 3 (1) Da, Dha, Va, 3 (2) 5A and 3 (2) 5 S.C./S.T. Act, have been added and Section 354-B I.P.C. has been deleted during the course of investigation.

(5) Learned counsel for the petitioner, at this stage, prays that this petition may be dismissed as withdrawn with liberty to file a fresh petition.

(6) Accordingly, this writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh petition. Order Date :- 19.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench