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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22912 of 2025 Court No. - 46 HON'BLE SIDDHARTH, J.
HON'BLE PRASHANT MISHRA-I, J. Vakalatnama dated 09.10.2025 filed today by Mr. Gaya Prasad Mishra and Mr. Ashwani Tiwari, learned counsel on behalf of respondent No. 4, is taken on record. Heard learned counsel for the petitioner; Mr. Gaya Prasad Mishra and Mr. Ashwani Tiwari, learned counsel for respondent No. 4 and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 15.07.2025 registered as Case Crime No. 323 of 2025, under Sections 308(5), 69, 82(2) Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station Kotwali, District Azamgarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the allegations made in the F.I.R., investigating officer is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. Versus Counsel for Petitioner(s) : Haseen Ahmad, Saurabh Basu, Sipte Husain Counsel for Respondent(s) : G.A. Abdur Rahman .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order. October 9, 2025 Kashifa CRLP No. 22912 of 2025 2 (Prashant Mishra-I,J.) (Siddharth,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad