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2025 DAILYLAW 77207 (ALL)

MOHAMMAD SHADAB AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/15941/2025 · 2025-07-31

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128719-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15941 of 2025 Petitioner :- Mohammad Shadab And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Deep Singh Counsel for Respondent :- G.A.,Vikas Singh Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Amendment application filed by learned counsel for the petitioners is allowed. 2. Learned counsel for the petitioners shall incorporate necessary amendments during the course of the day. 3. Heard Sri Krishna Deep Singh, learned counsel for the petitioners, Sri Vikas Singh, learned counsel for respondent no.3 as well as learned A.G.A. for the State respondents and perused the material placed on record. 4. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 25.06.2025, registered as Case Crime No. 0125 of 2025, under Sections 137(2), 61(2), 87 of B.N.S., 7/8 of The Protection of Children From Sexual Offences Act, 3/5(1) of Uttar Pradesh Unlawful Conversion of Religion Act and 3(2)(v) and 3(2)(va) of SC/ST Act, Police Station-Hathgaon, District-Fatehpur, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 5. He alleges false implication in this case by the respondent no.3. Police investigation is still under way. 6. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C. / 193(3) of B.N.S.S.,the respondents are restrained from arresting the petitioner pursuant to the First Information Report, subject to their cooperation in ongoing investigation. Order Date :- 1.8.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad