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2025 DAILYLAW 42202 (ALL)

MAHIPAL AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/7255/2025 · 2025-04-15

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:55539-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7255 of 2025 Petitioner :- Mahipal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Keshari Nath Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Keshari Nath Tripathi, learned counsel for the petitioners and Shri Pankaj Kumar, learned AGA appearing for the State respondents. 2. Present petition has been filed seeking following reliefs:- "I. Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 22.01.2025 (Annexure No.1 to this writ petition) registered as Case Crime No.27 of 2025 under Sections 191(2), 191(3), 109(1), 115(2), 118(2), 352, 324(2) BNS at Police Station Gangoh, District Saharanpur. II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioners in Case Crime No.27 of 2025 under Sections 191(2), 191(3), 109(1), 115(2), 118(2) , 352, 324(2) BNS at Police Station Gangoh, District Saharanpur, during the pendency of present writ petition before this Hon'ble Court." 3. Petitioner herein is not named in the FIR. 4. We find that the present petition is not maintainable in the light of judgement of Hon'ble Apex Court passed in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 5. In such view of the matter, present petition is not maintainable. 6. Present petition is accordingly dismissed. Order Date :- 16.4.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad