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Neutral Citation No. - 2025:AHC:51409-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5636 of 2025 Petitioner :- Jage And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Ranjan Pandey,Pankaj Kumar Singh Counsel for Respondent :- Adarsh Bhushan,G.A.,Ishwar Chandra Tyagi Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard Sri Pankaj Kumar Singh, learned counsel for the petitioners, Sri Anmol Kumar Dubey, Advocate, holding brief of Sri Adarsh Bhushan, learned counsel for respondent no.3, learned A.G.A for the State-respondents and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 02.02.2025, giving rise to the Case Crime No.51 of 2025, under Sections 115(2), 352, 351(2), 329(3), 308(5), Bhartiya Nyaya Sanhita, 2023, Police Station Echo Tech-3rd, District Commissionerate Gautam Budh Nagar.
3. There are allegations against petitioners in the impugned FIR that he has imposed upon 20 Sq. Yard of land of the informant/respondent no.3. A suit for injunction and declaration has already instituted by petitioner no.2 against the informant/respondent no.3 before the Civil Judge(Senior Division), Gautam Budh Nagar, which is pending. Police is already investigating the matte.
4. Learned counsel for the informant/respondent no.3 as well as learned AGA for the State-respondents have opposed the submissions made by learned counsel for the petitioners.
5. Under the totality of the facts and circumstances of the case and for the 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 with the direction that that till the cognizance taken on the police report by the court concerned, the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 9.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad