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2025 DAILYLAW 21382 (ALL)

JITENDRA KUMAR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/3529/2025 · 2025-03-02

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29676-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3529 of 2025 Petitioner :- Jitendra Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Counsel for Respondent :- G.A.,Manish Kumar Dwivedi Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Akhilesh, learned counsel for the petitioners, Sri R. P. Mishra, Advocate, holding brief of Sri Manish Kumar Dwivedi, learned counsel for respondent no.3, learned A.G.A for the State-respondents and perused the record. 2. The writ petition seeks quashing of the F.I.R. dated 06.02.2025 giving rise to the Case Crime No.055 of 2025, under Sections 69, 89, 351(2) of B.N.S., Police Station Gandhi Park, District Aligarh. 3. There are allegations against the petitioner no.1 of committing the offence of rape against the victim/respondent no.3 on false promise of marriage. The petitioner nos.2 and 3 are the family members of petitioner no.1, who have been implicated in this case on false allegations. 4. Learned counsel for the petitioners submits that impugned FIR has been lodged against the petitioners only to compel the petitioner no.1 to marry with the victim/respondent no.3, because he has got employment in police department. 5. Learned AGA has opposed the submissions made by learned counsel for the petitioners. 6. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till submission of police report under Section173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 3.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad