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2025 DAILYLAW 26613 (ALL)

SANJAY KUMAR UPADHYAY v. STATE OF U.P. AND 2 OTHERS

CRLP/4312/2025 · 2025-03-05

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33007-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4312 of 2025 Petitioner :- Sanjay Kumar Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material brought on the record. 2. The relief sought in this petition is for quashing of the F.I.R. dated 25.02.2025 registered as Case Crime No. 103 of 2025, under Sections 351 (4), 308 (5), 352, 351(2), 109, 324 (4) of Bhartiya Nyaya Sanhita, 2023, P.S. - Shahpur, Distirct Gorakhpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. After substantial arguments, once the Court has declined to accord interim relief in favour of the petitioner as well as to quash the impugned F.I.R., learned counsel for the petitioner very fairly conceded the fact that he does not want to press the instant petition and the same may be dismissed as not pressed. However, leave may be accorded to the petitioner to move application for bail/anticipatory bail before the appropriate forum. 4. Learned A.G.A. for the State-respondents is having no objection to the same. 5. In view of the above, the writ petition stands dismissed as not pressed with the liberty as prayed for. (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 6.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad