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2025 DAILYLAW 84318 (ALL)

BHOLA YADAV @ BHOLA NATH YADAV AND 8 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/17743/2025 · 2025-08-19

Santosh Rai, Siddharth

body2025

Judgment text

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Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 17743 of 2025 Petitioner :- Bhola Yadav @ Bhola Nath Yadav And 8 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Ram Yash Pandey,Saurabh Kumar Tiwari Counsel for Respondent :- G.A.,Vijai Kumar Mishra Hon'ble Siddharth,J. Hon'ble Santosh Rai,J. 1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. 2. Heard learned counsel for the petitioners; Shri Vijai Kumar Mishra, learned counsel for respondent no.4 and learned AGA for State-respondents. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 31.03.2025 registered as Case Crime No. 0038 of 2025, under sections- 191(2), 191(3), 333, 74, 352, 324(4), 309(4), 351(2), 115(2), 329(3) of B.N.S., 2023, Police Station- Shivkuti Nagar (Commissionerate Prayagraj), District Prayagraj, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 4. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 5. 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. 6. 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. 7. 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 :- 20.8.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad