HAJI BABUA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/13379/2025 · 2025-07-16
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68307 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115653-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13379 of 2025 Petitioner :- Haji Babua And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Srivastava Counsel for Respondent :- G.A.,Mahendra Tripathi Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; Sri Mahendra Tripathi,
learned counsel for respondent no. 4 and learned AGA for State- respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 11.06.2025 registered as Case Crime No. 95/2025, under sections- 305(a), 331(14), 329(3), 318(4), 338, 336(3), 340(2) and 61 B.N.S, Police Station- Lohamandi, District - Nagar (Commissionerate Agra) and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 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. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested. 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 :- 17.7.2025//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