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2025 DAILYLAW 23913 (ALL)

RAHUL SAINI v. STATE OF U.P. AND 2 OTHERS

CRLP/3864/2025 · 2025-02-26

Nand Prabha Shukla, Vivek Kumar Birla

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27116-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3864 of 2025 Petitioner :- Rahul Saini Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ved Prakash Ojha Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Sri Ved Praksh Ojha, learned counsel for the petitioner 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 petitioner who is not named in the FIR dated 22.01.2025 registered as Case Crime No. 0006 of 2025 under sections 191(2), 119(1), 115(2), 351(3) B.N.S., 2023, P.S. Jakhlaun, District Lalitpur. 3. Preliminary objection raised by the learned A.G.A. is that the petitioner herein is 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 :- 27.2.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad