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2025 DAILYLAW 48696 (ALL)

NEESHU KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/8244/2025 · 2025-05-05

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72350-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8244 of 2025 Petitioner :- Neeshu Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- G.A.,Sanjay Mishra Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit containing the certified copy of impugned FIR filed in Court today is taken on record. 2. Heard Sri Dharmendra Singh, learned counsel for the petitioner, Sri Sanjay Mishra, learned counsel for the respondent no.4 and learned A.G.A. for the State respondents. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 21.07.2022, registered as Case Crime No.292 of 2022, under Sections-504 and 306 IPC, Police Station-Jaswant Nagar, District-Etawah, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 4. It is undisputed that thrice final report has been submitted in this case but investigation is transferred to C.B.C.I.D., Etawah and same is still pending. 5. Learned counsel for the petitioner submitted that it is a case of false implication. The FIR has been lodged after eleven months of the incident. Prior to lodging of this FIR, an FIR has been lodged by the petitioner's side under Sections 306 I.P.C. itself, wherein trial is continuing. 6. 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 petitioner pursuant to the First Information Report dated 21.07.2022, registered as Case Crime No.292 of 2022, under Sections-504 and 306 IPC, Police Station-Jaswant Nagar, District-Etawah, subject to cooperation in ongoing investigation. 7. In case, the petitioner (s) does/do not cooperate the investigation, it shall be open for the Investigating Officer to file a recall application before this Court through learned A.G.A. Order Date :- 6.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad