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2025 DAILYLAW 36001 (ALL)

DINESH CHANDRA AGRAWAL AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

CRLP/6401/2025 · 2025-04-23

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62503-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6401 of 2025 Petitioner :- Dinesh Chandra Agrawal And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Chaubey,Vikas Tiwari Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the petitioners, learned counsel for the respondents 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 23.02.2025, registered as Case Crime No. 0086 of 2025, under sections- 318(4), 316(2), 352, 351(3) of B.N.S., 2023, Police Station- Jait, District - Mathura, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. During the pendency of civil suit with regard to dispute about actual share of the parties in the land in dispute, F.I.R has been lodged. Police investigation is still going on. 4. 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 First Information Report dated 23.02.2025, registered as Case Crime No. 0086 of 2025, under sections- 318(4), 316(2), 352, 351(3) of B.N.S., 2023, Police Station- Jait, District - Mathura, 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 :- 24.4.2025 Rohit (Ms. Nand Prabha Shukla,J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad