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2025 DAILYLAW 65285 (ALL)

ASIF ALI AND ANOTHER v. STATE OF UP AND 2 OTHERS

CRLP/11658/2025 · 2025-07-02

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103319-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11658 of 2025 Petitioner :- Asif Ali And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Atul Srivastava,Mohd. Farooq Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; learned counsel for respondent no.3 and learned AGA for the State-respondents. The writ petition seeks quashing of the F.I.R. dated 11.05.2025 giving rise to Case Crime No. 46/2025, under Sections 115(2), 352, 351(2) B.N.S, and section 3(1)(Da), 3(1)(dha) of SC/ST, Police Station- Bajaria, District- Kanpur Nagar. The submission of the learned counsel for the petitioner is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The petitioners alleges false implication in this case. Learned A.G.A has submitted that in the present matter the chargesheet has been submitted against the petitioner. Under the facts and circumstances of this case and for the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that till cognizance taken on police report u/s 193(3) B.N.S.S., the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 3.7.2025 Abhishek (Avnish Saxena,J.) ( Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad