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Neutral Citation No. - 2025:AHC:40204-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4911 of 2025 Petitioner :- Thomas Gopal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwakar Tiwari,Gyanendra Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard learned counsel for the petitioner; Sri Madan Lal and Sri Himanshu Srivastava, learned counsels for the respondent no. 4 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 26.02.2025, registered as Case Crime No. 47 of 2025, under sections- 274, 275, 319(2), 318(4), 338, 336(3), 340(2), 349, 350(1), 61(2) of B.N.S and Section 63, 65 of Copyright Act, 1957, Police Station- Lalganj, District- Mirzapur, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. Short counter affidavit filed by respondent no. 4 is taken on record.
4. Learned counsel for the petitioner submits that he is not named in the F.I.R. He has been implicated on the basis of some statement recorded by Gautam Khanna by the Investigating Officer wherein he has stated that there is no clear allegation against the petitioner. He has been falsely implicated in this case.
5. Under the facts and circumstances of this case and 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 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 26.02.2025, registered as Case Crime No. 47 of 2025, under sections- 274, 275, 319(2), 318(4), 338, 336(3), 340(2), 349, 350(1), 61(2) of B.N.S and Section 63, 65 of Copyright Act, 1957, Police Station- Lalganj, District-
Mirzapur, 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 :- 20.3.2025 Rohit (Mohd. Azhar Husain Idrisi, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad