OMKAR @ OM PRAKASH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/9705/2025 · 2025-05-22
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57823 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57823 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87603-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9705 of 2025 Petitioner :- Omkar @ Om Prakash And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raju Singh Counsel for Respondent :- Anuj Kumar Gupta,G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Shri Prathmesh Kumar Upadyaya holding brief of Shri Raju Singh, learned counsel for the petitioners, Shri Anuj Kumar Gupta,learned counsel for the respondent no.3 and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 7.4.2025, registered as Case Crime No. 103
of
2025,
under
sections- 191(2),191(3),190,115(2),352,351(3),333 , 109(1) B.N.S. Police Station- Junawai, District - Sambhal and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. There are allegations that petitioners alongwith co-accused, attempted to grab the property of the informant and tried to throttle her to death. 4.Learned counsel for the petitioners submits that dispute regarding land is pending between the parties before the revenue court. 5.Learned A.G.A. submits that police is already investigating the case.
6. Petition is disposed of directing that till cognizance is taken on police report under Section 193(3) B.N.S., by the court the respondents shall not arrest the petitioners pursuant to the First Information Report subject to cooperation in ongoing investigation.
7. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 23.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad