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2025 DAILYLAW 38398 (ALL)

PRAVENDRA SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/6790/2025 · 2025-05-08

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75449-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6790 of 2025 Petitioner :- Pravendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rishi Kesh Malviya Counsel for Respondent :- Brijesh Kumar Yadav,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 09.09.2024 registered as Case Crime No.802 of 2024, under Sections 137(2) BNS 2023, P.S. Majhola, District Moradabad and not to arrest the petitioners pursuant to the said FIR. 3. It is stated that petitioner is innocent of the charges leveled against him and he has been falsely implicated in the aforesaid case with ulterior motive by the respondent No.4 and as such no offence under the aforesaid sections is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 181 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording his statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record his statement under Section 183 BNSS and thereafter the Investigating Officer shall proceed in accordance with law. 5. For a period of two months, the respondents are restrained to arrest the petitioner pursuant to impugned first information report. Order Date :- 9.5.2025 Sachin (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad