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2025 DAILYLAW 40741 (ALL)

AVDESH BHATIA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/6913/2025 · 2025-04-28

Nand Prabha Shukla, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65994-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6913 of 2025 Petitioner :- Avdesh Bhatia And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pranshu Gupta,Shivam Yadav Counsel for Respondent :- Abhijeet Mukherji,G.A.,Sushmita Mukherjee Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Shivam Yadav, learned counsel for the petitioners, Sri Abhijeet Mukherji and Ms. Sushmita Mukherjee, learned counsel for the respondent no.4 and the learned AGA for the State. On 21.04.2025 following order was passed : 1. Heard Shri Shivam Yadav, learned counsel for the petitioners; learned A.G.A. for the respondent nos.1 to 3 and Sri Abhijit Mukherji, learned counsel for the respondent no.4 (informant). 2. The relief sought in this petition is for quashing the F.I.R. dated 25.03.2025 registered as Case Crime No.206 of 2025 under Sections 338, 336(3), 340 (2), 351 (2), 191 (2), 191 (3), 333 B.N.S. Police Station Bisrakh, District Gautambuddh Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Sri Abhijit Mukherji, learned counsel for the informant has raised an objection qua maintainability of the instant writ petition and states that in fact, the first petitioner made a complaint on 11.12.2024 and in response thereof, the informant had submitted his objection/response, which is registered as the impugned FIR. 4. Learned counsel for the petitioner in this backdrop states that he has no objection, in case the instant FIR is expunged. 5. On the request of Sri Paritosh Malviya, learned A.G.A.-I the matter is adjourned to enable him to get an appropriate instruction in the matter. 6. Put up this matter again as fresh on 29.04.2025. Sri Abhijeet Mukherji, learned counsel appearing on behalf of respondent no.4, submits that he gave an application dated 11th March, 2025 for lodging first information report against five named and 10-12 unknown accused but the first information report which has been lodged is the reply given by the petitioner to the application given by respondent no.4. Learned counsel for the respondent no.4 further submits that no useful purpose would be served by directing investigation with regard to the allegations made in the first information report, which is not regarding the grievance of petitioner. The police has lodged a completely different first information report than what was intended to have been lodged. Learned counsel for the respondent no.4 has no objection if the first information report is quashed. Accordingly, impugned first information report is quashed. Writ petition is allowed. It is open for the parties to take recourse to legal remedy available to them under law. Order Date :- 29.4.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad