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2025 DAILYLAW 73504 (ALL)

FOJI AND 2 OTHERS v. STATE OF UP AND 3 OTHERS

CRLP/14638/2025 · 2025-08-11

Santosh Rai, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136439-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14638 of 2025 Petitioner :- Foji And 2 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Preete Chaudhary Counsel for Respondent :- Ambleshwar Pandey,Anuj Srivastava,G.A. Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. Order on Amendment Application dated 11.8.2025 Amendment application is allowed. Learned counsel for the petitioner may carry out necessary amendment during the course of the day. Order on Writ petition 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioners; learned counsel for respondent 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 01.06.2025, registered as Case Crime No.286 of 2025, under sections- 191(2), 191(3), 115(2), 352, 351(2), 131, 109 of B.N.S. and, Police Station- Jahangirbad, District - Bulandshahar, and for a direction to the respondents not to arrest the petitioners 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 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 :- 12.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad