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2025 DAILYLAW 74836 (ALL)

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

CRLP/15056/2025 · 2025-07-15

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114746-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15056 of 2025 Petitioner :- Sharafat And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adil Khan Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioners and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:- "i) issue a writ, order or direction in the nature of certiorari to quashing the first information report dated 21.06.2025 registered in Case Crime No. 193 of 2025, Under Section-310(2), 115(2), 351(2), 351(3), 324(4), 324(5) B.N.S., Police Station-Amroha Dehat, District-Amroha. ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to harass, torture and arrest the petitioners in pursuance to the first information report dated 21.06.2025 registered in Case Crime No. 193 of 2025, Under Section- 310(2), 115(2), 351(2), 351(3), 324(4), 324(5) Β.Ν.S., Police Station-Amroha Dehat, District- Amroha." It has been argued that the recital in the first information report that the petitioner nos. 3 and 5 were also part of the gang which indulged in the offence referred in the first information report is apparently false. It has been argued that the first information report has been registered due to the previous enmity between the parties as it is evident from the recitals in the first information report itself, therefore, the first information report got registered because of mala fide reasons only to harass the petitioners. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the first information report dated 21.06.2025 registered in Case Crime No. 193 of 2025, Under Section-310(2), 115(2), 351(2), 351(3), 324(4), 324(5) B.N.S., Police Station-Amroha Dehat, District-Amroha till submission of the police report under Section 193 of BNSS, 2023. Order Date :- 16.7.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad