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2025 DAILYLAW 70289 (ALL)

SANDEEP KUMAR AND 3 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/13896/2025 · 2025-07-07

Avnish Saxena, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13896 of 2025 Petitioner :- Sandeep Kumar And 3 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners; Sri Saurabh Shukla, Advocate, holding brief of Sri C. P. Pandey, learned counsel for respondent no.3 and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 09.06.2025 registered as Case Crime No. 0186 of 2025, under sections- 191(2), 333, 352, 351(3), 115(2), 140(1) of B.N.S, 2023, 3(1)(da) & 3(1) (dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Hapur Dehat, District Hapur, 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 :- 8.7.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad