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2022 Supreme(All) 1167

RAJESH SINGH CHAUHAN, VIVEK KUMAR SINGH
Vinay Pathak – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. /Prin. Secy. Home Lko – Respondent


Advocates Appeared:
For the Petitioner: Lalta Prasad Misra, Nadeem Murtaza, Shubham Tripathi.

JUDGMENT :

1. Heard Dr. L.P. Misra, assisted by Sri Nadeem Murtaza, learned counsel for the petitioner, Sri Jaideep Narain Mathur, learned Senior Advocate, assisted by Sri S.N. Tilhari, learned counsel for the State and Sri I.B. Singh, learned Senior Advocate, assisted by Ms. Ashmita Singh, learned counsel for the complainant/opposite party no.5.

2. By means of this petition, the petitioner has prayed following main reliefs:-

    “(i) to issue a writ, order, or direction in the nature of Certiorari quashing the impugned first information report, registered against the Petitioner by Respondent no. 5, as FIR/ Case Crime No.0310/2022, under section 342, 386, 504 and 506 IPC, and 7 of Prevention of Corruption Act, 1988 at Police Station-Indira Nagar, District-Lucknow on 29.10.2022, contained in Annexure no. 1 to the writ petition;

(ii) to issue a writ, order, or direction in the nature of Mandamus, commanding the Respondents not to proceed, prosecute, or arrest the Petitioner on the basis of the impugned FIR registered against the Petitioner by Respondent no.5 as FIR/Case Crime No.0310/2022, under section 342, 386, 504 and 506 IPC, and 7 of Prevention of Corruption Act, 1988 at Police Stat

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