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2025 DAILYLAW 190724 (ALL)

RANJEET KATHERIA AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/22443/2025 · 2025-10-12

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22443 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. Heard Mr. Sarvesh Kumar Pandey, Advocate holding brief of Mr. Awadhesh Narayan Tiwari, learned counsel for the petitioners at great length, Mr. Anil Kumar Mishra, learned A.G.A. for the respondent nos.1 to 3 and Mr. Sangam Singh, learned counsel appearing on behalf of respondent no.4. This petition has been filed seeking to quash the impugned FIR dated 10.09.2025 giving rise to Case Crime No.0658 of 2025, under Sections 191(2), 191(3), 190, 115(2), 109 and 351(2) B.N.S., Police Station Auraiya, District Auraiya. A perusal of the impugned FIR shows assault upon the informant's side comprising of four men by the petitioners in two spells of violence. In the first, there was an assault after inserting a pistol in Ranjeet's mouth and in the later spell of violence that shortly followed, some 50 men assaulted the informant's side opening indiscriminate fire. In the violence, those who received injuries, are said to be Kanchan, Satyendra, Himanshu and Vijay. They were badly beaten up. Considering the nature of the allegations and the manner of assault, we are of considered opinion that this is not a case, where we ought exercise our jurisdiction under Article 226 of the Constitution to quash the impugned FIR and scuttle investigation. Versus Counsel for Petitioner(s) : Avdhesh Narayan Tiwari Counsel for Respondent(s) : Deeplata, G.A., Sangam Singh Ranjeet Katheria And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Matter requires to be investigated. The petition is summarily dismissed. (Sanjiv Kumar,J.) (J.J. Munir,J.) October 13, 2025 Anurag/- CRLP No. 22443 of 2025 2 Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad