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2025 DAILYLAW 65016 (ALL)

KAPIL VALMIKI @ KAPIL DAYAL v. STATE OF U.P. AND 3 OTHERS

CRLP/11610/2025 · 2025-07-27

Avnish Saxena, Siddharth

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:123647-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11610 of 2025 Petitioner :- Kapil Valmiki @ Kapil Dayal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Supplementary affidavit is taken on record. 2. Heard learned counsel for the petitioner; learned AGA for the State-respondents. 3. The writ petition seeks quashing of the F.I.R. dated 16.10.2024 giving rise to Case Crime No. 303 of 2024, under Sections 191(2), 318(4), 329(3), 338, 336(3), 340(2), 352, 351(2) B.N.S. and Section 3(2)(va) of SC/ST (Prevention of ATrocities) Act 1989 (Amended 2015), Police Station- Mahua Kheda, District- Aligarh. 4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. He has moved surrender application before the Court, therefrom it appears that he is wanted in this case. 5. Learned A.G.A has submitted that in the present matter the chargesheet has been submitted against all the co-accused except the petitioner against whom investigation is going on, but he is not certain whether cognizance has been taken thereon or not. 6. In view of the above, this writ petition is disposed of with direction that till cognizance is taken on the police report by the court below, petitioner shall not be arrested pursuant to the impugned F.I.R. Order Date :- 28.7.2025 Abhishek Sri. (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad