Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31542-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3683 of 2025 Petitioner :- Rahul Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. The present writ petition has been preferred for quashing the FIR dated 16.09.2024 registered as Case Crime No.475 of 2024, under sections 80(2), 85, 351(2) of BNS and section 3/4 D.P. Act, Police Station Phoolpur, District Azamgarh, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
3. Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences.
4. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner.
5. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR.
6. This writ petition is, accordingly, dismissed.
7. However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appear before the court below
within 60 days from today and applies for regular bail / anticipatory bail the same shall be considered as per judgement and order of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022.
8. For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.
9. However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
10. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 5.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad