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2025 DAILYLAW 43901 (ALL)

VISHANT v. STATE OF U.P. AND 4 OTHERS

CRLP/7472/2025 · 2025-04-24

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63867-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7472 of 2025 Petitioner :- Vishant Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Jagdish Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 10.03.2025 registered as Case Crime No.67 of 2025 under Section 109 BNS 2023, Police Station Rampur Maniharan, District Saharanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner that during investigation the informant has already moved an appropriate application on notarized affidavit to the Superintendent of Police, Saharanpur dated 17.03.2025 and Investigating Officer concerned indicating therein that only on a hearsay the name of petitioner was mentioned but later-on it was found the petitioner was having no complicity in the instant matter. Accordingly, it is pressed that interim relief may be accorded. 4. Considering the facts and circumstances, as admittedly there is case of opening of fire to the petitioner, we are not inclined to entertain the writ petition for quashing of the FIR but at the same time we observe that during investigation unnecessarily the petitioner may not be victimized/harassed, except in accordance with law, as it is claimed that the petitioner does not have any criminal antecedent and definitely an affidavit has been moved by the informant, which also perplex the prosecution case. 5. The writ petition is disposed of. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 25.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad