Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19710-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2508 of 2025 Petitioner :- Rame Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Gupta Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Learned counsel for the petitioner has filed amendment application, which is taken on record.
2. The amendment application filed today is allowed.
3. The counsel for the petitioners may carry out necessary amendments in the writ petition during the course of the day.
4. Sri Shivendra Raj Singhal and Sri Rishika Raj Singhal, have filed their joint vakalatnama on behalf of the informant/respondent no.3, which is taken on record.
5. Supplementary affidavit filed by counsel for the petitioner is taken on record.
6. Heard Sri Nitin Gupta, learned counsel for the petitioners, Sri Shivendra Raj Singhal, learned counsel for the informant/respondent no.3, learned AGA for the State-respondents and pursed the record.
7. The writ petition has been filed praying for quashing the First Information Report dated 09.01.2025, registered as Case Crime No.13 of 2025, under Sections-329(3), 62, 308(2), 351(3), 352, 338, 336(3), 3(5) of Bhartiya Nayay Sanhita(BNS), 2023, Police Station Crossing Republic, District Ghaziabad.
8. The allegations against the petitioners are partly of civil nature. Police is investigating the allegations and, therefore, it would not be appropriate for this Court to interfere in the matter.
9. Learned counsel for informant/respondent no.3 as well as learned A.G.A have opposed the submissions made by learned counsel for the petitioners.
10. For the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is
disposed of directing that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation.
11. The investigating officer is directed to complete investigation of this case within 60 days from today and the petitioners shall co- operate with the investigation.
12. In case, the petitioners do not co-operate with the investigation, it shall be open for the informant/State-responders to file recall application.
Order Date :- 11.2.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad