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2025 DAILYLAW 73229 (ALL)

RAJAN AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

CRLP/14743/2025 · 2025-08-12

Santosh Rai, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137812-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14743 of 2025 Petitioner :- Rajan And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neha Chauhan Counsel for Respondent :- G.A.,Geet Prateek Narain,Sr. Advocate,Vaibhav Shandilya Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. 1. Heard Ms. Neha Chauhan, learned counsel for the petitioners; Sri Vivek Shandilya, learned senior counsel assisted by Sri Vaibhav Shandilya, learned counsel for respondent no.3 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 09.06.2025, registered as Case Crime No.0239 of 2025, under sections- 140(2) 3(5), 115 (2), 131, 351(3) B.N.S. and 3/4 POCSO Act, Police Station- Mubarakpur, District - Azamgarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Both parties have lodged complaints against each other. 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 petitioner/petitioners shall not be arrested. 6. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order. Order Date :- 13.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad