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2025 DAILYLAW 191539 (ALL)

SHAHBUDDIN AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/22563/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22563 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. Heard Mr. Sameer Yadav, Advocate holding brief of Mr. Jai Prakash Yadav, learned counsel for the petitioners and Ms. Divya Ojha, learned Additional Government Advocate-I, appearing on behalf of the State. A perusal of the impugned FIR giving rise to Case Crime No.116 of 2025, under Sections 191(2), 191(3), 333, 115(2), 351(2), 352, 109(1), 117(2), 74 of B.N.S., 2023, Police Station- Mandawali, District- Bijnor and the earlier FIR lodged by the petitioners giving rise to Case Crime No.0092 of 2025, under Sections 191(2), 191(3), 110, 115(2), 352, 351(2) and 118(1) of B.N.S., 2023, Police Station- Mandawali, District- Bijnor, show that the incident is of one dated 24.07.2025, about which two cross versions have come. On the informant's side five persons have sustained injuries, some of them being fractures. There are injured on the side of the petitioners as well. Apparently, this is a case of a free fight where both sides have sustained injuries. It is difficult, at this stage, given the material that appears to judge which side were the aggressors. This is a matter which has to be gone into during investigation, and, subsequently, if charge-sheet(s) are filed, during trial. We do not find this to be a fit case where we can, in the exercise of our jurisdiction under Article 226 of the Constitution of India, interfere. Accordingly, this petition is summarily dismissed. October 14, 2025 AdityaG Versus Counsel for Petitioner(s) : Arvind Singh, Jai Prakash Yadav Counsel for Respondent(s) : G.A. (Sanjiv Kumar,J.) (J.J. Munir,J.) Shahbuddin And 9 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad