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2025 DAILYLAW 40677 (ALL)

RAMAKANT SAXENA v. STATE OF U.P. AND 2 OTHERS

CRLP/7176/2025 · 2025-04-29

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67546-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7176 of 2025 Petitioner :- Ramakant Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. Vakalatnama filed by Shri Jai PrakashSingh on behalf of the respondent no.3 is taken on record. Heard learned counsel for the petitioner,Shri Jai Prakash Singh, learned counsel for the respondent no.3 and learned A.G.A. for the State respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.3.2025 registered as Case Crime No. 123 of 2025 under sections- 74,137(2),115(2),351(2),351 (3), 352 B.N.S.S., 2023, Section 3(1)w,3(2)(va) of Schedule Caste and Schedule Tribe(Prevention of Atrocities) Act, 1989 and section 9f and 10 of POCSO Act, 2012 Police Station- Fatehganj East, District - Bareilly and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. There are allegations against the petitioner that he has outraging the modesty of girl , who is student of his school. Learned counsel for the petitioner submits that there is earlier enmity between the parties.He has lodged the complaint against the informant. Police investigation is still under way. Petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.N.S, by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 29.3.2025 registered as Case Crime No. 123 of 2025 under sections- 74,137(2),115(2),351(2),351 (3), 352 B.N.S.S., 2023, Section 3(1)w,3(2)(va) of Schedule Caste and Schedule Tribe(Prevention of Atrocities) Act, 1989 and section 9f and 10 of POCSO Act, 2012 subject to cooperation in ongoing investigation. 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 :- 30.4.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad