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2025 DAILYLAW 19293 (ALL)

SMT KAMLESH KUMARI AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/3080/2025 · 2025-02-17

Nalin Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22897-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3080 of 2025 Petitioner :- Smt Kamlesh Kumari And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bratendra Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard Sri Vinay Kumar Srivastava, Advocate, holding brief of Sri Bratendra Singh, learned counsel for the petitioners and learned AGA for the State. 2. The present writ petition has been filed seeking direction to the respondent concerned not to take coercive action against the petitioners who are not named in the FIR dated 11.11.2024 registered as Case Crime No. 515 of 2024 under sections 87, 137 (2) BNS, P.S. Kotwali Nagar, District Etah. 3. Preliminary objection raised by the learned A.G.A. is that the petitioners herein are not named in the impugned first information report. 4. We find that the present petition is not maintainable in view of judgement of Hon'ble Apex Court passed in S.L.P (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 5. In such view of the matter, present petition is not maintainable. 6. Accordingly, the writ petition stands dismissed. Order Date :- 18.2.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad