Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 68546 (ALL)

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

CRLP/13406/2025 · 2025-07-06

Avnish Saxena, Siddharth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:105542-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13406 of 2025 Petitioner :- Sudesh And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Singh Counsel for Respondent :- G.A.,Ram Krishna Mishra Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Order on Amendment Application. Learned counsel for the petitioner is permitted to make necessary impleadment in the amendment applicants within course of the day. Amendment application is allowed. Order on Petition. Regarding Petitioner Nos. (1, 3,4,5,6,7,8,9,10) Heard learned counsel for the petitioner; learned counsel for respondent and learned AGA for State-respondents. Short counter-affidavit has been filed by Sri Ram Krishna Mishra, learned counsel for respondent no.4, is taken on record. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 12.06.2025 registered as Case Crime No. 695/2025, under sections- 191(2), 115(2), 117(2) B.N.S. and, Police Station- Indrapuram, District -Ghaziabad, 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. Regarding Petitioner No.2. Learned counsel for the parties agreed that petitioner no.2 has already been arrested. The petition is dismissed on behalf of petitioner no.2. Order Date :- 7.7.2025 Abhishek (Avnish Saxena,J.) ( Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad