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2025 DAILYLAW 26528 (ALL)

MOHD. ARSHAD ALAM v. STATE OF U.P. AND 3 OTHERS

CRLP/4220/2025 · 2025-03-11

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36110-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4220 of 2025 Petitioner :- Mohd. Arshad Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, 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 10.11.2024, registered as Case Crime No. 545 of 2024, under Sections- 325, 318(4), 338, 61(2) of B.N.S and Section 3/4 of Cow Slaughter Act, Police Station- Dadri, District- Gautam Buddh Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. The petitioner is not named in the F.I.R. During the investigation, his name has surfaced on the basis of some material collected by the investigating officer and he has been falsely implicated in this case 4. Under the facts and circumstances of this case, the above 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 First Information Report dated 10.11.2024, registered as Case Crime No. 545 of 2024, under Sections- 325, 318(4), 338, 61(2) of B.N.S and Section 3/4 of Cow Slaughter Act, Police Station- Dadri, District- Gautam Buddh Nagar, subject to cooperation in ongoing investigation. 5. 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 :- 12.3.2025 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