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2025 DAILYLAW 191743 (ALL)

SHAMBHUNATH PATHAK AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/19672/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19672 of 2025 Court No. - 49 HON'BLE AJAY BHANOT, J. HON'BLE GARIMA PRASHAD, J. Shri Amit Gupta, learned counsel appears for the respondent No.4. Learned A.G.A. contends that F.I.R. identifies the petitioner No.1 who is gram pradhan along with others as the principle offenders who forced themselves in the school with weapons and disrupted the teaching activities and also threatened the staff, teachers and the students alike. The petitioners accosted the first informant to vacate the school premises as it belongs to the gram sabha. The accused persons made good their escape after snatching chain from one of the staff members. A prima facie offence is disclosed against the petitioners in the F.I.R. Faced with this, Shri P.K. Upadhyay, learned counsel for the petitioners submits that the petitioners do not wish to press the relief for quashment of the F.I.R. in the writ petition. However, learned counsel for the petitioners submits that the petitioners have been given notice under Section 35(3) of the B.N.S.S. The petitioners seek liberty to submit their reply to the said notice. Learned counsel for the petitioner contends that the authorities may decide the same as per law. In the wake of the preceding submission, the respondents authorities are directed to decide the proceedings under Section Versus Counsel for Petitioner(s) : Abhay Kumar Singh, Amit Gupta, P.K. Upadhyay Counsel for Respondent(s) : G.A., Pratiksha Rai Shambhunath Pathak And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 35(3) of the B.N.S.S. in accordance with law. The petitioners shall cooperate in the investigations. The writ petition is finally disposed of. October 17, 2025 Ashish Tripathi CRLP No. 19672 of 2025 2 (Garima Prashad,J.) (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad