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2025 DAILYLAW 18604 (ALL)

PREMCHANDRA SAROJ AND 9 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/3342/2025 · 2025-02-19

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24761-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3342 of 2025 Petitioner :- Premchandra Saroj And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava,Navin Kumar Pandey Counsel for Respondent :- Bholeshwar,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. The present writ petition has been filed praying for quashing of the First Information Report dated 15.1.2025, registered in Case Crime No. 17 of 2025, under Sections 147, 148, 323, 452, 504, 506, 392 IPC and 3(1) (r), 3(1) (s) & 3(2) (va) S.C./ST Act, Police Station - Nawabganj, District - Prayagraj. 3. Learned counsel for the petitioners submits that the incident between the parties took place on 28.4.2024 in the morning. Allegation against the petitioners is that they tried to take forceful possession over the land of respondent no. 3 and on her objection the petitioners assaulted her then she lodged NCR No. 07 of 2024. It is alleged that the petitioners again assaulted the other party and thereafter FIR has been lodged. However, the police is investigating the matter. It is submitted that the allegations levelled against the petitioners are false and they have been falsely implicated on account of ulterior motive. No NCR has ever been lodged. 4. Sri Bholeshwar has put in appearance on behalf of respondent no. 3 and he vehemently opposed the submission of the learned counsel for the petitioner and submitted that he is in possession of a video clip of the incident, which he will show, if some next date is fixed in this case. 5. It is not disputed by learned AGA that police investigation is in progress. 6. In view of the facts and circumstances of the case, the writ petition is disposed of for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, directing that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 20.2.2025/S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad