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2025 DAILYLAW 64486 (ALL)

AAFTAB AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/11318/2025 · 2025-07-02

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103666-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 11318 of 2025 Petitioner :- Aaftab And Another Respondent :- State Of U.P. And 3 Others Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner, the A.G.A. representing the respondent nos. 1 to 3 and Sri Syed Riyaz Askari, Advocate representing the respondent no. 4. The present petition has been filed for the following relief:- "(i). issue a writ, order or direction in the nature of Certiorari calling for record and quashing the impugned FIR dated 08.05.2025 (Annexure No.1 to the writ petition), registered as Case Crime No.113 of 2025, under Section 316(2), 318(4), 338, 336(3), 340(2), 351(2), 351(3) IPC, Police Station Civil line, District Muzaffar Nagar." A perusal of the First Information Report discloses commission of offence in the above case. The dispute cannot be categorized as civil in nature in as much as there is no registered document in favour of the complainant. However, the offence under Section 318(4) of the B.N.S. is made out on the recitals in the First Information Report. In view of the aforesaid, no case for quashing the first information report is made out. For the aforesaid reason, the present writ petition is dismissed. Order Date :- 3.7.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad