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2025 DAILYLAW 30393 (ALL)

GUDDU @ MAINUDDIN AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/4921/2025 · 2025-04-16

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56754-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4921 of 2025 Petitioner :- Guddu @ Mainuddin And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the petitioner 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 23.02.2025, registered as Case Crime No.0039 of 2025, under Sections - 191(2), 115(2), 333, 352, 351(3), 310(2) B.N.S., Police Station - Siddharth Nagar, District - Siddharth Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. At the outset, learned A.G.A. informs that petitioners no.1, 2, 4 & 5 have been exonerated by the Investigating Officer and charge- sheet has been submitted only against petitioners no.3 & 6. 4. Learned counsel for the petitioners submits that allegations contained in the F.I.R. are false and frivolous, as is apparent from the exoneration of the four accused in the F.I.R. The petitioners have been falsely implicated in this case due to ulterior motive. 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 concerned, the respondents shall not arrest the petitioners no.3 & 6 pursuant to the First Information Report dated dated 23.02.2025, registered as Case Crime No.0039 of 2025, under Sections - 191(2), 115(2), 333, 352, 351(3), 310(2) B.N.S., Police Station - Siddharth Nagar, District - Siddharth Nagar, 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. 7. This order will apply to petitioners no.3 & 6 only. Order Date :- 17.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad