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2025 DAILYLAW 59086 (ALL)

VINAY UPADHYAY v. STATE OF U.P. AND 3 OTHERS

CRLP/10178/2025 · 2025-05-18

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:83109-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10178 of 2025 Petitioner :- Vinay Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhaskar Singh Counsel for Respondent :- Akhilesh Bharti,G.A.,Kamlesh Prasad Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Bhaskar Singh, learned counsel for the petitioner as well as Sri Pankaj Kumar, learned AGA appearing for the State respondents and Sri Kamlesh Prasad, learned counsel for the informant and perused the record. 2. Present petition has been filed challenging the impugned FIR dated 10.3.2025, registered as Case Crime No. 0051 of 2025, under Section 191(2), 115(2), 352, 351(3), 110, 105, 309(4) BNS and Section 3(1)(d), 3(1)(dh), 3(2) (Va) SC/ST Act, 1986 (Amended 2015), P.S. Gadwar, District Ballia. 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 him in law. Order Date :- 19.5.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad