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Neutral Citation No. - 2025:AHC:22330-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2908 of 2025 Petitioner :- Sher Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Kesarwani Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Lavania,J.
1. Heard Sri Santosh Kumar Kesarwani, learned counsel for the petitioner, Sri S.S.R. Dwivedi, learned AGA for the State/respondent Nos. 1 & 2 and Sri Jitendra Prasad Mishra, Advocate, who has filed his Vakalatnama on behalf of the opposite party No. 3 in the Court, which is taken on record, as well as perused the record.
2. The present petition has been preferred seeking following main reliefs:-
"a) issue a writ, direction or order in the nature of certiorari calling for the records concerning the impugned F.I.R. dated 09.11.2024 in Case Crime No. 331 of 2024, under Sections 318(4), 316(2), 338, 336(3), 340(2), 61(2), 352 and 351 (3) of the Bhartiya Nyaya Sanhita 2023, Police Station Kutubsher, District Saharanpur (Annexure No.2 to this writ petition) and to quash the same. b) issue a writ, direction or order in the nature of mandamus commanding the respondent No. petitioner in 2 to not relation to arrest with the impugned F.I.R. dated 09.11.2024 in Case Crime No. 331 of 2024, under Sections 318(4), 316(2), 338, 336(3), 340(2), 61 (2), 352 and 351(3) of the Bhartiya Nyaya Sanhita 2023, Police Station Kutubsher, District Saharanpur (Annexure No.2 to this writ petition)."
3. The first petition i.e. CRIMINAL MISC. WRIT PETITION No. 22167 of 2024 filed by the petitioner was disposed by this Court vide order dated 07.01.2025, as such, we find that the second petition for the same reliefs is not maintainable.
4. In view of above, the instant petition stands dismissed being not maintainable at this stage. Order Date :- 17.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad