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2025 DAILYLAW 17174 (ALL)

SABREJ HASNAIN ALIAS BUILDER AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/3059/2025 · 2025-02-17

Nalin Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23198-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3059 of 2025 Petitioner :- Sabrej Hasnain Alias Builder And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Nalin Kumar Srivastava,J. Heard Sri Sunil Kumar Pandey, learned counsel for the petitioners and the learned A.G.A. appearing for the State- respondents as well as perused the records. The present writ petition has been preferred seeking following main reliefs:- (A) Issue a writ, order or direction in the nature of Certiorari and quash the report dated 26.01.2025 against the petitioners in Case Crime No. 0181 of 2024, under Section 420, 504, 506 of IPC at Police Station- Dumariyaganj, District- Siddharth Nagar, registered on 10.11.2024 in regarding to adding the name of the petitioner no.2 to 4 as well as adding section 467,468, 471 of IPC in above Case Crime. (B) Issue a writ, order or direction in the nature of Mandamus and direct the respondent no. 2 and 3 to not arrest the petitioners in Case Crime No. 0181 of 2024, under Section 420, 504, 506 of IPC at Police Station-Dumariyaganj, District- Siddharth Nagar. Admittedly, this is the second petition challenging the same impugned FIR in Case Crime No. 0181 of 2024. The first writ petition being Criminal Misc. Writ Petition No. 203 of 2025 (Sabrej Hasnani @ Builder Vs. State of U.P. and 2 Others) was disposed of vide order dated 17.01.2025. Now, the present petition has been filed for certain added Sections. On a pointed query as to whether the second petition is maintainable for the added Sections, learned counsel for the petitioners could not satisfy the same. In view of above, the instant petition stands dismissed being not maintainable. Order Date :- 18.2.2025 NSC Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad