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2025 DAILYLAW 23593 (ALL)

KULVANT SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/3869/2025 · 2025-02-26

Nand Prabha Shukla, Vivek Kumar Birla

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27009-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3869 of 2025 Petitioner :- Kulvant Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Shukla,Vivek Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioner and Sri Ajay Kumar Sharma, the learned AGA appearing for the State respondents. 2. Present petition has been filed for quashing the first information report dated 12.1.2025, registered as Case Crime No. 08 of 2025, under Sections 115(2), 121, 126, 221, 309, 326(b), 351(3) BNS, P.S. Dilari, District Moradabad. 3. Earlier the petitioner approached this Court by filing Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 1184 of 2025 (Kulvant Singh vs. State of UP), which was dismissed on merits vide order dated 17.2.2025 however, he was granted two weeks time to surrender and in place of surrendering present petition has been filed, which is not maintainable. 4. Petitioner herein is not named in the FIR. 5. We find that the present petition is not maintainable in the light of judgement of Hon'ble Apex Court passed in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 6. In such view of the matter, present petition is not maintainable. 7. Present petition is accordingly dismissed, however, the petitioner is at liberty to avail the remedy as may be available to him in law. Order Date :- 27.2.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad