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2025 DAILYLAW 24860 (ALL)

MAHESH AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/4048/2025 · 2025-03-09

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34308-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4048 of 2025 Petitioner :- Mahesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State. 2. There are allegations in the first information report that two groups were fighting and pelting stones against each other. Police has lodged the first information report against both the parties. 3. Learned counsel for the petitioners submits it is a case of no injury. Police has falsely implicated the petitioners and other co-accused. 4. Learned A.G.A has opposed the submission of counsel for the petitioner. 5. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the F.I.R. dated 22.01.2025 giving rise to the Case Crime No. 0038 of 2025, under Sections 191(2), 191(3), 190, 352, 351(3), 109(1) of B.N.S and Section 7 of Criminal Law Amendment Act, 1932, Police Station- Katghar, District- Moradabad, subject to cooperation in ongoing investigation. Order Date :- 10.3.2025 Rohit (Praveen Kumar Giri, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad