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2025 DAILYLAW 34714 (ALL)

NARESH AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/5939/2025 · 2025-04-16

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56726-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 5939 of 2025 Petitioner :- Naresh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Prakash Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the petitioners, Sri R.K. Verma, learned counsel for the respondent no.4 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 7.3.2025, registered as Case Crime No. 0173 of 2025, under Sections- 191(2), 190, 115(2), 352, 351(2), 308(2), 109(1), 191(3) of BNS, Police Station- Majhola, District- Moradabad and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Apart from the other allegations made in the F.I.R., the allegation of causing offence of attempt to murder has also been made. No grievous injury was caused to the injured. In the x-ray report of the injured, no abnormality was detected. It is also submitted by the learned counsel for the petitioners that it is a case of false implication. 4. 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, the respondents shall not arrest the petitioners pursuant to the aforesaid First Information Report dated 7.3.2025, registered as Case Crime No. 0173 of 2025, under Sections- 191(2), 190, 115(2), 352, 351(2), 308(2), 109(1), 191(3) OF BNS, Police Station- Majhola, District- Moradabad subject to cooperation in ongoing investigation. 5. 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. Order Date :- 17.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad