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2025 DAILYLAW 69830 (ALL)

ARBAJ @ ARBAJ KHAN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/13921/2025 · 2025-07-14

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113446-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13921 of 2025 Petitioner :- Arbaj @ Arbaj Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Javed Akhtar Counsel for Respondent :- G.A.,Hasan Parvej Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Amendment application and supplementary affidavit filed by learned counsel for the petitioners are taken on record. 2. The amendment application is allowed. 3. Learned counsel for the petitioners is directed to carry out necessary amendment in the writ petition during the course of the day. 4. Heard Sri Mohd. Javed Akhtar, learned counsel for the petitioners, Sri Hasan Parvej, Advocate appearing for respondent no.4 and learned AGA for State- respondents. 5. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.06.2025, registered as Case Crime No.287 of 2025, under Sections 87, 137(2), 352, 64(1) of Bhartiya Nyay Sanhita, 2023 and 3/4 of POSCO Act, Police Station-C.B. Ganj, District- Bareilly, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 6. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 7. 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. 8. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested. 9. 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 :- 15.7.2025 MN/- (Avnish Saxena,J.) ( Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad