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2025 DAILYLAW 15385 (ALL)

BRIJESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/7730/2023 · 2025-07-21

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119668-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7730 of 2023 Petitioner :- Brijesh Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Shukla,Vijay Kumar Mishra Counsel for Respondent :- Durga Shanker Shukla,G.A.,Mahesh Dwivedi,Preeti Tripathi,Vishwas Pandey Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, Sri Durga Shaner Shukla, learned counsel for the informant, learned AGA for the State and perused the record. 2. Learned counsel for the petitioners has submitted that on the basis of a non- cognizable report, the instant case was registered against the petitioners, however, even after lapse of more than three years, neither the requisite order from the Magistrate has been obtained nor any investigation is being done. In view thereof, the instant non-cognizable report is liable to be quashed. 3. Learned AGA as well as learned counsel for the first informant acknowledges the aforesaid facts and has no objection, if the impugned N.C.R. is quashed. 4. In view thereof, we are of the opinion that the non- cognizable report is liable to be quashed and is accordingly quashed. Consequently, the instant writ petition stands allowed. Order Date :- 22.7.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad