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2025 DAILYLAW 72118 (ALL)

VIJAY PAL SINGH URIF AAJAD AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/14392/2025 · 2025-08-07

Santosh Rai, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134402-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14392 of 2025 Petitioner :- Vijay Pal Singh Urif Aajad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Arshad Counsel for Respondent :- G.A.,Sunil Kumar Tiwari Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. Heard learned counsel for the petitioners; Sri Sunil Kumar Tiwari, learned counsel for respondent no.4; learned A.G.A for the State and perused the material on record. The present writ petition has been preferred for quashing the FIR dated 13.6.2025 registered as Case Crime No. 0156 of 2025, under Sections- 109(1), 351(3) B.N.S. Police Station- Chhapar, District- Muzzafar Nagar, against the petitioners only and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR. Learned counsel for the petitioners submits that petitioners have been falsely implicated regarding the alleged offences. Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioners. After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR. This writ petition is, accordingly, dismissed. However, on the request of learned counsel for the petitioners, it is directed that in case petitioners appear before the court below within 60 days from today and apply for regular bail/ anticipatory bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 60 days, the petitioners shall not be arrested in the aforesaid case, if not already arrested. However, in case, the petitioners do not appear before the court below within the aforesaid period, coercive action shall be taken against them. It is made clear that the petitioners will not be granted any further time by this Court for surrendering before the court below as directed above. Order Date :- 8.8.2025 Ruchi Agrahari (Santosh Rai,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad