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2025 DAILYLAW 75292 (ALL)

DEEPAK VISHWAKARMA v. STATE OF U.P. AND 3 OTHERS

CRLP/15101/2025 · 2025-08-03

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130027-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15101 of 2025 Petitioner :- Deepak Vishwakarma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Pandey,Rukmani Ojha Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; learned counsel for respondent and learned A.G.A for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.06.2025 registered as Case Crime No. 291 of 2025, under Sections- 61(2), 316(2), 318(4), 319(2), 338, 336(3), 340(2) of B.N.S., Police Station- Sarnath, District- Varanasi, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. Counsel for the petitioner submits that he has been implicated in this case by the police on the basis of confessional statement of co-accused. F.I.R has been lodged by police personnels. 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. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. 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. Order Date :- 4.8.2025 Rohit (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad