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2025 DAILYLAW 76089 (ALL)

HARIMAN SINGH @ HARIBHAN v. STATE OF U.P. AND 2 OTHERS

CRLP/15232/2025 · 2025-08-03

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130029-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15232 of 2025 Petitioner :- Hariman Singh @ Haribhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yakub Ali Counsel for Respondent :- Karunesh Pratap Singh,G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; Sri Mohd. Hamir, Advocate holding brief of Sri Karunesh Pratap Singh, learned counsel for the respondents 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 04.07.2025 registered as Case Crime No. 0204 of 2025, under Sections- 364-A, 323, 342, 406, 506 IPC, Police Station- Mohammadabad, District- Fatehgarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. Learned counsel for the petitioner submits that the petitioner is member of gang of co-accused, Abhishek Dubey. 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 90 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