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2025 DAILYLAW 38374 (ALL)

ANKIT GARG AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/6642/2025 · 2025-04-15

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56062-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6642 of 2025 Petitioner :- Ankit Garg And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and Ms. Divya Ojha, learned AGA-1 for State respondents. 2. The instant writ petition has been preferred for quashing the impugned FIR dated 25.03.2025 being Case Crime No.0175 of 2025 under Section 420, 406, 409 IPC, P.S. Sikandra, Distt. Agra and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR. 3. At the very outset, learned AGA-1 has raised an objection qua the maintainability of the writ petition on the ground that the co- accused have already assailed the validity of the impugned FIR by way of preferring Criminal Misc. Writ Petition No.6320 of 2025 (Sushi. Hari & Anr. v. State of U.P.) in which the Court has declined to quash the impugned FIR vide order dated 10.04.2025. However, it was provided that if the petitioners file an application for anticipatory/ regular bail before the trial court, their bail applications shall be considered and disposed of expeditiously in accordance with law. As such it is submitted that once the Coordinate Bench has already declined to quash the impugned FIR, no interference is requires in the instant matter also. 4. Considering the facts and circumstances of the case, we are also in respectful agreement with the judgment in Sushil Hari & Anr. (Supra) and the instant writ petition is also disposed of in terms of Sushil Hari & Anr. (Supra). (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 16.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad