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Neutral Citation No. - 2025:AHC:128975-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16002 of 2025 Petitioner :- Monu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard learned counsel for petitioner; learned AGA for State-respondents and perused the material on record. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.05.2025 in Case Crime No.199 of 2025, under Section 318(4), 105, 61(2) of BNS, 2023, Police Station Panki, District Kanpur Nagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. There are allegations against the petitioner of committing the offence of culpable homicide not amounting to murder of a person, who was his neighbour and residing in same house.
Learned counsel for the petitioner has submitted that dead body of the deceased was recovered from the railway line. No specific role has been assigned to the petitioner. It is a case of circumstantial evidence. FIR has been lodged on the basis of application under Section 173 B.N.S.S. 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 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 :- 1.8.2025 Ruchi Agrahari (Avnish Saxena,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad