KAUSHAL UPADHYAY @ KAUSHAL KISHOR UPADHYAY AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/16150/2025 · 2025-08-13
Siddharth, Yogesh Dubey Joint Registrar Judicial
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79281 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79281 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:138789-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 16150 of 2025 Petitioner :- Kaushal Upadhyay @ Kaushal Kishor Upadhyay And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Verma,Manish Tandon Counsel for Respondent :- Nagendra Pratap Singh,G.A.,Somendra Singh,Uday Prakash Hon'ble Siddharth,J. Hon'ble Jitendra Kumar Sinha,J. Heard learned counsel for the petitioners; Shri Nagendra Pratap Singh, 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 16.7.2025 registered as Case Crime No. 161
of
2025,
under
sections- 352,351(2),115(2),324(4),64,76 B.N.S. and section 3(1)(Da),3(1)(Dha), 3(2)(v) of SC/ST Act , Police Station- Kotwali District - East Commissionerate Kanpur Nagar 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/petitioners shall not be arrested.
In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order.
Order Date :- 14.8.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad