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2025 DAILYLAW 78014 (ALL)

ARIF ALI KHAN v. STATE OF U.P. AND 2 OTHERS

CRLP/15787/2025 · 2025-07-28

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124968-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15787 of 2025 Petitioner :- Arif Ali Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Pandey,Satya Prakash Pandey Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for the petitioner; Sri Vibhor Arora, learned counsel for respondent no.3 and learned AGA for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 11.07.2025, registered as Case Crime No. 580 of 2025, under sections- 319(2), 318(4), 338, 336(3), 340(2), 308(3 of B.N.S, Police Station Qwarsi, District - Aligarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 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 :- 29.7.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad