ABHISHEK PATHAK @ APPU AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/8167/2025 · 2025-04-29
Nand Prabha Shukla, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46246 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46246 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67280-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8167 of 2025 Petitioner :- Abhishek Pathak @ Appu And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankur Dwivedi,Damodar Pandey Counsel for Respondent :- Rajni Ojha,G.A. Hon'ble Siddharth,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioners; Ms. Rajni Ojha, Advocate assisted by Sri Sunil Kumar Tiwari, learned counsel for the respondent no. 4 and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 09.04.2025 registered as Case Crime No. 0216 of 2025, under Sections- 191(2), 191(3), 190, 115(2), 117(2), 351(3), 352, 109 of B.N.S., 2023, Police Station- Gagaha, District- Gorakhpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Counter blast implication of petitioner by respondent no. 4 is alleged.
4. Learned counsel for the respondent no. 4 submits that petitioners are very influential persons and have caused the alleged offences.
5. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioners pursuant to the First Information Report dated 09.04.2025, registered as Case Crime No. 0216 of 2025, under Sections- 191(2), 191(3), 190, 115(2), 117(2), 351(3), 352, 109 of B.N.S., 2023, Police Station- Gagaha, District- Gorakhpur, subject to cooperation in ongoing investigation.
6. 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.
7. The investigating officer is directed conclude the
investigation of this case within three months. Order Date :- 30.4.2025 Rohit (Ms. Nand Prabha Shukla,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad