UMESH AGRAHARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/5531/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147756 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36520-DB
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5531 of 2025 Petitioner :- Umesh Agrahari Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Amit Kumar Singh,Ravi Kant Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard the counsel for the petitioner and the learned AGA.
2. The present petition has been filed by the petitioner seeking quashing of the FIR No.175 of 2025 under sections 317(2), 317(4), 317(5) BNS, Police Station Patti, District Pratapgarh.
3. The contention of the counsel for the petitioner is that in the FIR, the statement of the co-accused was recorded wherein they stated that after committing theft, they sell the motorcycle to the petitioner. He argues that no recovery was affected from the petitioner so as to implicate him under section 317of BNS.
4. Prima-facie, from the FIR, there is no material to suggest that any recovery was affected from the petitioner.
5. In view thereof, the present petition is disposed off with direction that till the filing of the police report under section 193(3) of the BNSS, no coercive action shall be taken against the petitioner subject to the petitioner cooperating with the investigation. Order Date :- 26.6.2025 VNP/- [Kshitij Shailendra,J.] [Pankaj Bhatia,J.] Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench