MOHD. SHOAIB ANSARI AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/5555/2025 · 2025-04-24
Nand Prabha Shukla, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32587 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63507-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5555 of 2025 Petitioner :- Mohd. Shoaib Ansari And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Respondent :- G.A.,Pramod Kumar Pandey Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner; Sri Pramod Kumar Pandey,
learned counsel for informant; learned A.G.A. for the State- respondents and perused the material on record. The writ petition has been filed praying for quashing the F.I.R. dated 03.3.2025 giving rise to Case Crime No. 88 of 2025, under Sections 191(2), 65(1), 333, 115(2), 352 B.N.S, and 3/4(2) POCSO Act, Police Station- Kasimabad, District- Ghazipur. There are allegation against the petitioners that they entered into the house of the informant and outraged the modesty of his minor daughter.
Learned counsel for the petitioners has submitted that there is dispute regarding land between the informant and petitioners. Informant has encroached over the land belonging to petitioner no.1, which is evident from the report of the Lekhpal. Only to prevent to petitioners from taking possession over their land, present FIR has been lodged by the informant.
Learned counsel for informant and learned AGA have opposed the
submissions made by learned counsel for the petitioners. They have submitted that allegations against the petitioners are serious in nature. Under the totality of facts and circumstances of this case and for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 25.4.2025 Ruchi Agrahari (Ms. Nand Prabha Shukla,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad