QADEER SHAH AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
CRLP/14583/2025 · 2025-07-27
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71730 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71730 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:123557-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14583 of 2025 Petitioner :- Qadeer Shah And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- G.A.,Mohammad Waseem Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard Sri Gaurav Sisodia, learned counsel for the petitioners, Sri Mohammad Waseem, appearing for respondent nos.3 to 5 and learned AGA for State- respondent nos. 1 and 2 and perused the record.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 26.10.2024, registered as Case Crime No.0820 of 2024, under Sections 318(4), 338, 336(3), 340(2), 308(2), 351(2) and 351(3) Bhartiya Nyay Sanhita,2023 (BNS)., Police Station-Faridpur, District- Bareilly, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. There is dispute regarding validity of Nikahnama and Peshaginama between the parties. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.
5. 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.
6. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested.
7. 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 :- 28.7.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad