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2025 DAILYLAW 87119 (ALL)

RAHUL AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/18158/2025 · 2025-09-08

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18158 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. Heard learned counsel for the petitioner; Ms. Rafiqa Anees Khan, 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 24.07.2025, registered as Case Crime No.0236 of 2025, under sections-109, 115(2), 352, 351(2), 351(3) B.N.S. and Police Station- Simbhavali, District - Hapur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. There appears to be cross cases registered by the parties against each other. 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 petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioners, it shall be open for either of the respondents to file recall application of Versus Counsel for Petitioner(s) : Shiv Shankar Kaithal, Shivank Saxena Counsel for Respondent(s) : G.A., Rafiqa Anees Khan Rahul And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) this order. September 9, 2025 SS CRLP No. 18158 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad