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2025 DAILYLAW 147938 (ALL)

DUSHYANT TRIPATHI v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

CRLP/5597/2025 · 2025-06-26

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36623-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5597 of 2025 Petitioner :- Dushyant Tripathi Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned petitioner and the learned AGA for the State- respondents. 2. The present petition has been filed seeking quashing of First Information Report dated 13.05.2025 registered as Case Crime No.99 of 2025, under Sections 109, 115(2), 127(2), 191(2), 191(3), 352, 351(3), 3(5) B.N.S., P.S. Jamo, District Amethi. 3. Learned counsel for the petitioners submits that the petitioner was not named in the FIR and has been implicated on the basis of statement of co-accused. It is further argued that injuries are simple in nature and, thus, no offence can be said to be made out under Section 115(2) of B.N.S. 4. Considering the nature of injuries which are simple in nature, prima facie, the contention appears to be correct. 5. The petition is, accordingly, disposed of holding that no coercive action shall be taken against the petitioner till submission of police report under Section 193(3) of B.N.S.S. subject to his co-operation in the investigation. Order Date :- 26.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench