Dismissed¶16

Meera Srivastava v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and 4 Others

Allahabad HC9 Oct 2025A227/5985/2025

Case brief

AI extract

What is this about?

Meera Srivastava v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and 4 Others — Matters Under Article 227 No. 5985 of 2025 — dismissed as withdrawn — challenge to remand issued under Section 309 CrPC by Special JM CBCID Lucknow without arrest, appearance or custody — FIR No.105/2020, PS Gomti Nagar, Lucknow — alternative remedy under Sections 438 and 528 of B.N.S.S., 2023 flagged by A.G.A. — liberty granted to avail available remedy — certified copy ordered to be returned — Saurabh Lavania, J. — October 9, 2025.

What did the court decide?

Permission to withdraw the Article 227 petition with liberty to avail the available alternative remedy; office directed to return the certified copy of the papers, if any, to the learned counsel for the petitioner as per rules. ¶16

Meera Srivastava Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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MATTERS UNDER ARTICLE 227 No. - 5985 of 2025

Meera Srivastava

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s) : Desh Mitra Anand, Utkarsh Anand	Prateek Rawat,
Counsel for Respondent(s) : G.A.
Court No.- 13

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HON'BLE SAURABH LAVANIA, J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

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This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :-

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"i. a order or direction quashing the illegal remand issued U/Sec. 309 CrPC by the Special JM CBCID Lucknow without arrest, appearance or custody of petitioner in respect of FIR No.105/2020, PS Gomti Nagar Lucknow by summoning the same from OP No.4.

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ii. a order or direction to initiate judicial enquiry in the matter to initiate punitive action as per provisions of law against those State officers who failed to discharge their duties rendering confinement of petitioner illegally."

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Learned A.G.A., at the very outset, raised a preliminary objection stating that for the relief sought the petitioner has a remedy under Section 438 of B.N.S.S., 2023 and under Section 528 of the B.N.S.S., 2023.

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On being confronted, after taking note of the aforesaid fact, learned counsel for the petitioner states that he may be permitted to withdraw the writ petition with liberty to avail the remedy available.

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A227 No. 5985 of 2025

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Accordingly, the writ petition is dismissed as withdrawn with the liberty as prayed for.

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Office is directed to return the certified copy of the papers, if any, to the learned counsel for the petitioner as per rules.

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(Saurabh Lavania,J.)

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October 9, 2025

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