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2025 DAILYLAW 58875 (ALL)

MONU @ BAIGAN AND ANOTHER v. STATE OF UP AND 3 OTHERS

CRLP/9882/2025 · 2025-05-21

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86436-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9882 of 2025 Petitioner :- Monu @ Baigan And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Laxmi Kant Bhatt Counsel for Respondent :- Bhaskar Singh,G.A.,Manoj Kumar Singh Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioners; Sri Bhasker Singh, learned counsel for respondent no.4; 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 28.04.2025 registered as Case Crime No.188 of 2025, under Sections 333, 131, 115(2), 351(3), 125, 109 of B.N.S., Police Station- Kithaur, District- Meerut against the petitioners only and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR. Learned counsel for the petitioners submits that petitioners have been falsely implicated regarding the alleged offences. Learned counsel for respondent no.4 and learned AGA have opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioners. 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 petitioners, it is directed that in case petitioners appear before the court below within 60 days from today and apply 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 petitioners shall not be arrested in the aforesaid case, if not already arrested. However, in case, the petitioners do not appear before the court below within the aforesaid period, coercive action shall be taken against them. It is made clear that the petitioners will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 22.5.2025 Mini (Ram Manohar Narayan Mishra,J.) (Siddharth, J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad