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2025 DAILYLAW 32653 (ALL)

GOPAL PANDEY v. STATE OF U.P. AND 2 OTHERS

CRLP/5622/2025 · 2025-08-10

Santosh Rai, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135294-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5622 of 2025 Petitioner :- Gopal Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Mohan Mishra Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. Heard learned counsel for the petitioner; Mrs. Manju Thakur, learned A.G.A.-1st for the State-respondents and perused the material on record. The writ petition has been filed praying for quashing the F.I.R. dated 28.1.2025 giving rise to Case Crime No. 12 of 2025, under Sections 316(2), 319(2), 318(4), 338, 336(3) B.N.S., Police Station- Sonha, District- Basti, Despite service of notice on respondent no.3, no one appears on behalf of respondent no.3 to oppose this writ petition as clear from office report dated 02.8.2025. Learned A.G.A has submitted that charge-sheet has been submitted on 12.9.2023, but she is not certain whether cognizance has not been taken thereon or not. 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. 7463/2024 (Shobhit Nehra Vs. State of U.P.), this writ petition is disposed of directing that till cognizance is taken by court on charge-sheet, the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 11.8.2025 Ruchi Agrahari (Santosh Rai,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad