Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110858-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14655 of 2025 Petitioner :- Ful Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Puneet Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed challenging the First Information Report dated 12.05.2025 bearing Case Crime No. 0124 of 2025, under Section 318(4), 338, 336(3), 340(2) The Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Soraon, District Prayagraj. It has been brought to the notice of this Court that a Co-ordinate Bench of this Court vide its order dated 16.6.2025 passed in Criminal Misc. Writ Petition No. 11265 of 2025 and in Criminal Misc. Writ Petition No. 10962 of 2025 has granted protection to the co-accused in the said case. The order dated 16.6.2025 passed by this Court in Criminal Misc. Writ Petition No. 10962 of 2025 is reproduced below : -
"1. Heard Sri Radhey Shyam Yadav, learned counsel for the petitioner 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 12.05.2025, registered as Case Crime No. 124 of 2025 under sections 318(4), 338, 336(3), 340 (2) of B.N.S., Police Station- Soraon, District - Prayagraj 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 90 days. 5. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. 6.
In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order." As the co-accused have already been granted protection by the Co-ordinate Bench of this Court, it would be appropriate in the interest of justice that interim protection is also granted to the present petitioner. In view of the aforesaid, the writ petition is disposed of directing that the petitioner shall not be arrested during the period of investigation and the cognizance is taken by the court on the police report submitted by the Investigating Officer. Order Date :- 11.7.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad