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2025 DAILYLAW 58904 (ALL)

SHAHABUDDIN v. STATE OF U.P. AND 3 OTHERS

CRLP/9874/2025 · 2025-05-15

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:81146-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9874 of 2025 Petitioner :- Shahabuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Arvind Yadav, learned counsel for the petitioner and Shri Ghanshyam Kumar, learned AGA appearing for the State respondents. 2. Present petition has been filed seeking to quash the impugned first information report dated 01.08.2024 registered as Case Crime No.177 of 2024, under Section 419, 420, 467, 468, 471 IPC, Police Station Harpur Budhat, District Gorakhpur and further not to arrest the petitioner pursuant to said FIR. 3. Petitioner herein is not named in the FIR. 4. We find that the present petition is not maintainable in the light of judgement of Hon'ble Apex Court passed in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 5. In such view of the matter, present petition is not maintainable. 6. Present petition is accordingly dismissed, however, the petitioner is at liberty to avail the remedy as may be available to them in law. Order Date :- 16.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad