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2025 DAILYLAW 49222 (ALL)

NEERAJ TIWARI v. STATE OF U.P. AND 4 OTHERS

CRLP/8225/2025 · 2025-04-27

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64667-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8225 of 2025 Petitioner :- Neeraj Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar,Virendra Singh Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Virendra Singh Yadav, learned counsel for the petitioner and Sri Rahul Asthana, learned A.G.A. for the State. 2. In pith and substance, the petitioner is seeking direction to the respondents to arrest the accused/respondent nos. 4 and 5 pursuant to FIR dated 25.3.2025 registered as Case Crime No. 0066 of 2025 under sections 281 and 106 (1) BNS, P.S. Khakheru, District Fatehpur. 3. On perusal of record, we find that first information report is dated 25.3.2025 whereas the petition has been filed on 24.4.2025 with undue haste. 4. Accordingly, the present writ petition stands disposed of in the light of the judgment passed in the case of Ajay Kumar Pandey versus State of U.P. and 2 others 2021 (2) ADJ 239 by granting liberty to the petitioner to invoke the power of the Magistrate concern under Section 175 (3) BNSS, if the need so arises. Order Date :- 28.4.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad