UMAKANT MISHRA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/15387/2025 · 2025-09-24
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75054 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75054 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 15387 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
1. Rejoinder affidavit filed, today in Court, on behalf of the petitioners is taken on record.
2. Heard Sri Jeet Narayan Dubey, holding brief of Sri Shyam Shankar Mishra, learned counsel for the petitioners, Sri Mohit Verma, learned counsel for respondent no.3 and learned AGA for State-respondents.
3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.6.2025, registered as Case Crime No.286 of 2025, under sections- 316(2), 318(4), 338, 336(3), 340(2), 324(4) B.N.S., Police Station- Nawabganj, District - Prayagraj, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
4. Petitioner no.1 has already been arrested. Petition survives with regard to the consideration of cause of petitioner no.2.
5. Regarding petitioner no.2, it is submitted that the main role was assigned to petitioner no.1 Umakant Mishra, who has already been arrested.
6. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.
7. 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 Versus Counsel for Petitioner(s) : Ashok Nath Tripathi, Satyendra Narayan Singh, Shyam Shankar Mishra Counsel for Respondent(s) : G.A., Mohit Verma, Sachida Nand Tripathi Umakant Mishra And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
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.
8. During the period of investigation and till cognizance is taken on the police report by the court concerned, petitioner no.2 shall not be arrested.
9. In case of non-cooperation with the police investigation by petitioner no.2, it shall be open for either of the respondents to file recall application of this order. September 25, 2025 RA CRLP No. 15387 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad