Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49071 (ALL)

PARMESHWAR SHARMA @ SUDDU v. STATE OF U.P. AND 3 OTHERS

CRLP/8338/2025 · 2025-05-05

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72580-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8338 of 2025 Petitioner :- Parmeshwar Sharma @ Suddu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amitesh Kumar Srivastava,Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner; learned A.G.A for the State and perused the material on record. The present writ petition has been preferred for quashing the FIR dated 01.09.2024 registered as Case Crime No. 329 of 2024, under Sections- 281, 106 of BNS, Police Station- Sidhari, District Azamgarh, against the petitioner and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences. Learned AGA, on the basis of instructions informed that petitioner was the driver of the vehicle, who was involved in the accident and one women died in the same accident. He has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. This writ petition is, accordingly, dismissed. However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and applies for regular bail/ anticipatory bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested. However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 6.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad