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Neutral Citation No. - 2025:AHC:34475-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3998 of 2025 Petitioner :- Monu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- Ashutosh Upadhyay,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri Suneel Kumar Mishra, learned counsel for the petitioner, Sri Ashutosh Upadhyay, learned counsel for respondent no.3, learned A.G.A. for the State-respondents and perused the record.
2. The present writ petition has been preferred for quashing the FIR dated 02.02.2025 registered as Case Crime No.0017 of 2025, under sections 108, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station Kudh Fatehgarh, District Sambhal, 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 Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677.
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 :- 10.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad