SMT. BABITA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/14024/2025 · 2025-07-09
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70468 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70468 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109809-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14024 of 2025 Petitioner :- Smt. Babita And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Meera Verma,Shailesh Upadhyay Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioners; Sri Sunil Kumar Rai, learned counsel for respondent no.4 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 19.06.2025, registered as Case Crime No. 0096 of 2025, under sections- 318(4), 338, 336(3), 340(2), 352 & 351(2) of the B.N.S., Police Station- Sector 126, District - Commissionerate Gautam Budh Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.
4. 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.
5. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested.
6. 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 :- 10.7.2025 Abhishek Sri. (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad