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2025 DAILYLAW 41460 (ALL)

GEETA KARAL v. STATE OF U.P. AND 2 OTHERS

CRLP/7296/2025 · 2025-07-07

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107661-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 7296 of 2025 Petitioner :- Geeta Karal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mamta Singh Counsel for Respondent :- Tarun Kumar Srivastava,G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner and the A.G.A. for the State-respondents. The present writ petition has been filed challenging the First Information Report dated 26.3.2025 arising out of Case Crime No. 226 of 2025, under Section 118(2) Bhartiya Nyaya Sanhita, 2023, Police Station-Majhola, District-Moradabad. The records annexed with the writ petition show that in the medial prescription of All India Institute of Medical Sciences, Delhi the injury in the eye of the child is due to be caused by fist of friend of her school. The said fact appears to be evident from the report submitted by the Sub-Inspector of the concerned police station. On the basis of the aforesaid facts, the counsel for the petitioner argues that the recitals in the first information report are false and the same has been registered with mala fide reason to harass the petitioner and the first information report is liable to be quashed. The A.G.A. has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with the direction that that till submission of police report under Section 193 of Bhartiya Nyaya Sanhita, 2023, the respondents are restrained from arresting the petitioner pursuant to the First Information Report dated 26.3.2025 arising out of Case Crime No. 226 of 2025, under Section 118(2) Bhartiya Nyaya Sanhita, 2023, Police Station- Majhola, District-Moradabad, subject to cooperation in ongoing investigation. Order Date :- 8.7.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad