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2025 DAILYLAW 51052 (ALL)

RINKI YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/8556/2025 · 2025-05-06

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73208-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8556 of 2025 Petitioner :- Rinki Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramajan Ahmad Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard Sri Parvez, Advocate, holding brief of Sri Ramjan Ahmad, learned counsel for the petitioner, learned counsel for the respondent and learned A.G.A. for the State respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.04.2025 registered as Case Crime No. 122/2025, under sections- 191(2), 115(2), 352, 351(2), 109, 308(4), 309(4) of B.N.S., Police Station- Colonelganj, District - Prayagraj, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. Sri Chandra Bhusan Mishra, learned counsel for respondent no.4, informs that in the alleged incident, the informant suffered injuries. Learned counsel for the petitioner submits that the allegation in the F.I.R. that dispute took place regarding the payment of fees and the causing offence by 7-8 unknown accused on the instigation of petitioner, is false. Police instigation is still going on with regard to the allegations made in the F.I.R. Investigating officer is directed to conclude the investigation within 60 days. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. In case the petitioner does not co-operates with investigation, it shall be open for the respondents to file application for recalling of this order. Order Date :- 7.5.2025 Abhishek (Ram Manohar Narayan Mishra,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad