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2025 DAILYLAW 24258 (ALL)

ANKUSH AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/3951/2025 · 2025-03-09

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34316-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3951 of 2025 Petitioner :- Ankush And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar,Sanjay Kumar Rajbhar Counsel for Respondent :- Bharat Singh,G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner; Sri Bharat Singh, counsel for the respondent no. 4 and learned counsel for the respondent and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 16.11.2024, registered as Case Crime No. 0521 of 2024, under Sections- 61(2), 303(2) of Bhartiya Nyay Sanhita (B.N.S.), 2023, Section 67 of Information of Technology (Amendment) Act, 2008 and Section 13/14 The Protection of Children From Sexual Offences Act, 2012, Police Station- Chandausi, District- Sambhal, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. There appears to be enmity between the parties and earlier the petitioner's side lodged F.I.R against the informant's side. 4. Counsel for the petitioners submits that it is a case of counter blast and the police is already investigating the matter. 5. Under the totality of facts and circumstances of this case, petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 16.11.2024, registered as Case Crime No. 0521 of 2024, under Sections- 61(2), 303(2) of Bhartiya Nyay Sanhita (B.N.S.), 2023, Section 67 of Information of Technology (Amendment) Act, 2008 and Section 13/14 The Protection of Children From Sexual Offences Act, 2012, Police Station- Chandausi, District- Sambhal, subject to cooperation in ongoing investigation. 6. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 10.3.2025 Rohit (Praveen Kumar Giri, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad