SOHRAB @ MAHTAB KHAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/7077/2025 · 2025-08-07
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155895 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46195-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7077 of 2025 Petitioner :- Sohrab @ Mahtab Khan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Amit Kumar Awasthi,Amit Bhatt,Anand Kumar Shukla Counsel for Respondent :- G.A.,Alok Kumar Singh Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri Amit Kumar Awasthi, learned counsel for the petitioners and Sri Vipul Kumar Singh, learned AGA for the State and Sri Alok Kumar Singh, caveator for the opposite party no. 3. By means of this petition, the petitioners have assailed the impugned FIR No. 265 of 2025,under Sections 109(1), 115(2), 190, 191(2), 190(3), 352, 351(2) of BNS at P.S. Haidrabad District Kheri. Sri Alok Kumar Singh has stated that one First Information Report has been lodged from the side of the opposite party no. 3, which is prior to the impugned First Information Report.
Learned counsel for the petitioners has stated that both the sides have received serious injuries and injuries from the side of the petitioners are more serious from the injuries so received by the other side. This is a case of free fight. Be that as it may, from perusal of the record, it is clear that both side have lodged the First Information Report and have received injuries. Therefore, the impugned First Information Report may not be set aside/quashed. Learned AGA has opposed the aforesaid prayer of the petitioners to the effect that any interim protection may be given to the petitioners. Instead of filing the this writ petition, the petitioners may avail the appropriate alternative remedy by filing anticipatory bail application. On that the learned for the petitioners has stated that appropriate liberty may be given to the petitioners to file anticipatory bail
application and direction may be issued to decide the same with expedition, therefore, considering the request of the learned counsel for the petitioners, we hereby dispose of this petition giving liberty to the petitioners to file anticipatory bail application before the competent court, i.e., the Court of Session, within 14 days, taking all pleas and grounds which are available to them, and if such anticipatory bail application is filed, such bail application may be heard and decided with expedition without giving any unnecessary adjournment to either of the parties. Accordingly, the writ petition is disposed of.
Order Date :- 7.8.2025 Anurag . (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench