YAMEEN KALIYA AND 4 OTHERS v. STATE OF UP AND 3 OTHERS
CRLP/16195/2025 · 2025-08-22
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78498 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:145697-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16195 of 2025 Petitioner :- Yameen Kaliya And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohd. Arshad Counsel for Respondent :- Ashish Kumar Pandey Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. Heard learned counsel for the petitioners, Sri Ashish Kumar Pandey,
learned counsel for respondent no.4; learned A.G.A. for the State- respondents and perused the material on record. The writ petition has been filed praying for quashing the F.I.R. dated 11.7.2025 giving rise to Case Crime No. 0307 of 2025, under Sections 191(2), 318(4), 316(2), 338, 336(3), 340(2), 329(1), 352, 352(2) B.N.S., Police Station- Kotwali Ghaziabad, District- Ghaziabad.
Learned counsel for the petitioners has submitted that petitioners have been falsely implicated in this case. So far as the petitioner nos. 1 & 2, namely, Yameen Kaliya and Rihana, are concerned following order is being passed:- This writ petition is, accordingly, dismissed for petitioner nos. 1 & 2. However, on the request of learned counsel for the petitioners, it is
directed that in case petitioner nos. 1 & 2 appear before the court below within 60 days from today and apply for regular bail/ anticipatory bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 60 days, petitioner nos. 1 & 2 shall not be arrested in the aforesaid case, if not already arrested. However, in case, petitioner nos. 1 & 2 do not appear before the court below within the aforesaid period, coercive action shall be taken against them. It is made clear that petitioner nos. 1 & 2 will not be granted any further time by this Court for surrendering before the court below as directed above. So far as the petitioner nos. 3, 4 & 5 are concerned following order is being passed:-
Under the totality of facts and circumstances of this case and for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), this writ petition is disposed of for petitioner nos. 3 to 5 directing that till cognizance is taken by court on police report submitted under Section 193(3) B.N.S.S., the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 23.8.2025 Ruchi Agrahari (Santosh Rai,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad