UMASHANKAR SHASTRI PUROHIT ARYA SAMAJ v. STATE OF U.P. AND 3 OTHERS
CRLP/11761/2025 · 2025-07-27
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66270 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66270 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:123638-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11761 of 2025 Petitioner :- Umashankar Shastri Purohit Arya Samaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tripathi,Akhilesh Kumar Mishra,Puneet Kumar Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioner and learned AGA for State-respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 07.02.2025 registered as Case Crime No. 23 of 2025, under sections- 319(2), 318(4), 338, 336(3), 340(2) of B.N.S. and, Police Station- Tharwai, District - Ganganagar (Commissionerate Prayagraj) and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. There is allegation against the petitioner that he was working as Purohit in Arya Samaj Jayantipur, Sulem Sarai Dhoomanganj, when the affiliation of the aforesaid society with the Arya Samaj, Pratinidhi Sabha, Uttar Pradesh has come to an end.
4. Learned counsel for the petitioner has brought on record the affiliation certificate dated 31.01.2023 and submits that his affiliation is still there and he was never given any notice that his affiliation of the aforesaid society has come to an end.
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 shall not be arrested. 8 In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order. Order Date :- 28.7.2025 Shivangi (Avnish Saxena, J.) (Siddharth, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad