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2025 DAILYLAW 47525 (ALL)

MOHD. KHALID FLAM v. STATE OF U.P. AND 3 OTHERS

CRLP/7937/2025 · 2025-04-22

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60985-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7937 of 2025 Petitioner :- Mohd. Khalid Flam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and has been falsely implicated in the present case. He has further drawn attention of the Court to an order dated 12.03.2025 passed by this Court in respect of the co-accused of the instant case. He has further submitted that the case of the petitioner stands on the same footing as that of the co-accused whose writ petition has already been disposed of, as such the petitioner is also entitled for the same indulgence. 3. In view thereof, under the facts and circumstances of this case, the above petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S.S., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 10.11.2024, registered as Case Crime No. 545 of 2024, under Sections- 325, 318(4), 338, 61(2) of B.N.S and Section 3/4 of Cow Slaughter Act, Police Station- Dadri, District- Gautam Buddh Nagar, subject to cooperation in ongoing investigation. 4. 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. Order Date :- 23.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad