ATAH MOHD. AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/5836/2025 · 2025-04-03
Mohd Azhar Husain Idrisi, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34171 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34171 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:47819-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5836 of 2025 Petitioner :- Atah Mohd. And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aishwarya Pratap Singh,Tabrez Ahmad Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State- respondents and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 12.03.2025, giving rise to the Case Crime No.0145 of 2025, under Sections 191(2), 191(3), 190, 115(2), 125, 125(b), 132, 109, 352, 351(2) Bhartiya Nyay Sanhita, 2023 and section 7 Criminal Law (Amendment) Act, 1932, Police Station Vijay Nagar, District Ghaziabad.
3. From the FIR it appears that two parties were having dispute with regard to drain and were fighting among themselves and the police came. They are alleged to have attacked on the police party also, hence the impugned FIR lodged by the police. Police is already investigating the matte.
4. Learned AGA has opposed the submissions made by learned counsel for the petitioners.
5. 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 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 :- 4.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad