Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191161 (ALL)

SATISH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/21563/2025 · 2025-10-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21563 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. It has been stated by the counsel for the petitioner that petitioner no.2 has already been arrested and therefore he is pressing the petition only on behalf of petitioner nos.1 & 3. Heard the counsel for the petitioners, the A.G.A. representing the respondent nos. 1, 2 and 3 and Sri Pradeep Saxena, holding brief of, Sri Kushal Raj Chaudhary, the counsel for the respondent No.4. The present petition has been filed for the following reliefs:- "i) issue a writ, order or direction in the nature of certiorari calling for the records and quash the impugned first information report dated 04.08.2025 registered in Case Crime No. 0348 of 2025, Under Sections 318(4), 338, 336(3), 336(4), 340(2), 352, 351(3) B.N.S., Police Station- Soron, District- Kasganj." It has been argued by the counsel for the petitioners that no offence under Sections 318(4), 338, 336(3), 336(4), 340(2), 352, 351(3) has been made out against the petitioners. The dispute as narrated in the first information report relates to validity of possession of the petitioners over the disputed property and there is no evidence of trespass over the property of the first informant. It has been stated in the petition that the petitioners have always been in possession of the disputed property. It has been further argued that the first information report has been registered because of mala fide reasons only to harass the petitioners. Versus Counsel for Petitioner(s) : Kameshwar Rao Counsel for Respondent(s) : G.A., Kushal Raj Chaudhary Satish And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) The AGA as well as counsel for the respondent No.4 has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 04.08.2025 registered in Case Crime No. 0348 of 2025, Under Sections- 318(4), 338, 336(3), 336(4), 340(2), 352, 351(3) B.N.S., Police Station- Soron, District- Kasganj till submission of the police report under Section 193 of BNSS, 2023. October 14, 2025 Prachi CRLP No. 21563 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad