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2025 DAILYLAW 77717 (ALL)

SADDAM v. STATE OF U.P. AND 3 OTHERS

CRLP/16013/2025 · 2025-07-31

Avnish Saxena, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16013 of 2025 Petitioner :- Saddam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- Aijaz Ahmed Khan,G.A.,Mohd Zubair Khan Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; learned AGA for State as well as Shri Rajnish Upadhyay holding brief of Mohd. Zubair Khan on behalf of respondent no. 4 and perused the material on record. The counsel for the petitioner prays for and is permitted to correct the prayer in the stay application during the course of the day. The present writ petition has been preferred for quashing the FIR dated 29.03.2025 being Case Crime No.55 of 2025, under Sections 190, 115(2), 352, 351(3), 191(2) IPC, Police Station Badgaon, District Saharanpur, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. There appears to be false case registered by the parties against each other. Police is investigating the matter. It is not clear which party was the aggressor. 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 :- 1.8.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad