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2025 DAILYLAW 66021 (ALL)

UMESH AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/11683/2025 · 2025-07-09

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109444-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11683 of 2025 Petitioner :- Umesh And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amzad Rza,Chandra Kant Tripathi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Heard learned counsel for the petitioners and learned AGA for State-respondents and perused the record. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 21.04.2025, registered as Case Crime No.0092 of 2025 under Sections 191(2), 190, 121(1), 132 and 109 of B.N.S., Police Station-Bansi, District- Siddharth Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. The dispute is alleged to have taken place because of installation of statue of Dr B.R. Ambedkar without permission from the administration. 4. Learned counsel for the petitioners submits that 12 known and 30 unknown persons have been implicated in this case. 5. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 6. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. 7. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner s shall not be arrested. 8. In case of non-cooperation with the police investigation by the petitioners, it shall be open for either of the respondents to file recall application of this order. Order Date :- 10.7.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad