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2025 DAILYLAW 59323 (ALL)

AKASH SINGH AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/10053/2025 · 2025-05-25

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88858-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10053 of 2025 Petitioner :- Akash Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kumar Dwivedi,Surendra Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed today in Court by learned counsel for the petitioners is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The writ petition seeks quashing of the F.I.R. dated 03.05.2025 giving rise to the Case Crime No. 87 of 2025, under Sections 115(2), 352, 351(2) of B.N.S, Police Station- Industrial Area, District- Prayagraj. 3. Learned counsel for the petitioners submits that offence alleged are non cognizable. First information report could not have been lodged. The proper course is that of filing complaint as per Section 2(1) H of B.N.S.S. 4. Therefore, the impugned first information report dated 03.05.2025 is illegal and is hereby quashed. 5. It shall be open for the informant to avail appropriate remedy as may be available under law. 6. Accordingly, this petition is allowed. Order Date :- 26.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad