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2025 DAILYLAW 85795 (ALL)

SMT SONI v. STATE OF U.P. AND 8 OTHERS

CRLP/17697/2025 · 2025-08-12

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137753-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17697 of 2025 Petitioner :- Smt Soni Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shakil Ahmad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. In pith and substance, the petitioner is seeking direction to respondent nos.2 to 4 to make fair investigation of Case Crime No. 0136 of 2025 under sections 115 (2), 352, 351 (3), 109 (1), 61 (2) BNS, P.S. Kotwali Dehat, District Bijnor within stipulated period. A further prayer has been made to arrest the accused persons in pursuance of FIR dated 23.7.2025 registered in the aforesaid case. 3. On perusal of record, we find that first information report is dated 23.7.2025 whereas the petition has been filed on 07.8.2025 with undue haste. 4. Accordingly, the present writ petition stands disposed of in the light of the judgment passed in the case of Ajay Kumar Pandey versus State of U.P. and 2 others 2021 (2) ADJ 239 by granting liberty to the petitioner to invoke the power of the Magistrate concern under Section 175 (3) BNSS, if the need so arises. Order Date :- 13.8.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad