Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17393 (ALL)

DEVENDRA RAI GAUTAM AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/2669/2025 · 2025-03-03

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:30428-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2669 of 2025 Petitioner :- Devendra Rai Gautam And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar,Rakesh Kumar Singh Counsel for Respondent :- Ashish Kumar Mishra,G.A.,Rishi Kant Rai Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners, Sri Rishi Kant Rai, learned counsel for respondent no.4, learned A.G.A. for the State- respondents and perused the record. 2. The present writ petition has been preferred for quashing dated 24.01.2025 registered as Case Crime No.0040 of 2025, under sections 191(2), 191(3), 109, 352, 351(3), 3(5) of BNS, Police Station Gadhmukteshwar, District Hapur, against the petitioners only and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR. 3. Learned counsel for the petitioners submits that petitioners have been falsely implicated regarding the alleged offences. 4. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioners. 5. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. 6. This writ petition is, accordingly, dismissed. 7. However, on the request of learned counsel for the petitioners, it is directed that in case petitioners appear before the court below within 60 days from today and applies for regular bail / anticipatory bail the same shall be considered as per judgement and order of Apex Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 8. For a period of 60 days, the petitioners shall not be arrested in the aforesaid case, if not already arrested. 9. However, in case, the petitioners does not appears before the court below within the aforesaid period, coercive action shall be taken against him. 10. It is made clear that the petitioners will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 4.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad