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2025 DAILYLAW 21832 (ALL)

SURENDRA KUMAR GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/3498/2025 · 2025-04-23

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3498 of 2025 Petitioner :- Surendra Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Respondent :- G.A.,G.S. Chauhan Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Supplementary affidavit filed today by learned counsel for the petitioners, is taken on record. 2. Sri G.S. Chauhan, Advocate has put in appearance on behalf of the respondent no.4. 3. Heard learned counsel for the petitioner; learned counsel for the respondent no. 4; learned AGA for State and perused the material on record. 4. The present writ petition has been preferred for quashing the FIR dated 28.12.2024 in Case Crime No.272 of 2024, under Section 108 of B.N.S., Police Station Punchh, District Jhansi, against the petitioner only and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR. 5. Learned counsel for the petitioner submits that the allegation in this case regarding abetment of suicide of the deceased, are false. The petitioner has been falsely implicated in this case on account of land dispute between the parties. 6. Despite time granted earlier, no counter affidavit has been filed, hence no useful purpose would be served in keeping this petition pending by any of the respondents. 7. 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 cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 24.4.2025/Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad