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2025 DAILYLAW 49435 (ALL)

ARVIND KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLP/8349/2025 · 2025-04-28

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66228-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8349 of 2025 Petitioner :- Arvind Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Shiv Sagar Singh, learned counsel for the petitioner, Sri O.P. Dwivedi, learned AGA-I for the State and perused the record. 2. The relief sought in this petition is for quashing of the impugned F.I.R. dated 7.6.2023 registered as Case Crime No. 220 of 2023 under Sections 379, 411 IPC, Section 21 of Mines and Minerals (Regulation and Development) Act, 1957, Section 3(1), 72(1) of U.P. Khanij (Parihar) Niyamawali, 2021 and Section 3/5 of Prevention of Damage to Public Property Act, 1984., Police Station Khekda, District Baghpat. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. We find that in the list of fresh cases, three disposed of criminal writ petition of the year 2023 have also been indicated. The Criminal Misc.Writ Petition No. 9753 of 2023 (Gaurav Tyagi and 4 others vs. State of U.P. and 3 others), was dismissed by co- ordinate Bench, (in which, one of us Hon'ble Mr. Justice Vivek Kumar Birla was a member), vide order dated 24.7.2023. Based on the aforesaid order, another Criminal Misc.Writ Petition No. 10238 of 2023, Brijesh Kumar vs. State of U.P. and 2 others, was also dismissed on 24.7.2023. We further find that the Criminal Misc. Writ Petition No. 9947 of 2023, Sushant Pawar vs. State of U.P. and 2 others, was dismissed as not pressed on the ground that a charge sheet has been submitted in the present case on 29.9.2024 and, therefore, prayer was made to dismiss the petition as not pressed with the liberty to avail such remedy as available in accordance with law and the petition was accordingly dismissed as withdrawn vide order dated 23.4.2025. We also find in the impugned F.I.R. Sushant Pawar is one of the named accused, who has filed Criminal Misc. Writ Petition No. 9947 of 2023 noted above. 4. Confronted with the aforesaid orders, Sri Shiv Sagar Singh, learned counsel for the petitioner submitted that he may also be permitted to withdraw the present petition with liberty to avail alternative remedy as provided under law. 5. The petition is, accordingly, dismissed as withdrawn with aforesaid liberty. Order Date :- 29.4.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad