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2025 DAILYLAW 87268 (ALL)

DEEPAK GUPTA v. STATE OF U.P. AND 2 OTHERS

CRLP/18148/2025 · 2025-08-19

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141980-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18148 of 2025 Petitioner :- Deepak Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Yadav,Vishveshwar Mani Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J. 1. Heard Sri Rahul Kumar Pandey, Advocate, holding brief of Sri V.M. Tripathi, learned counsel for the petitioner and Sri Rahul Asthana, learned AGA for the State-respondents. 3. This writ petition has been filed praying to quash the first information report dated 16.1.2025 registered as Case Crime No. 0008 of 2025 under Section 67 I.T. Act, P.S. Baghauchaghat, District Deoria with further prayer not to arrest the petitioner pursuant to the said FIR. 3. Preliminary objection raised by the learned A.G.A. is that the petitioner herein is not named in the first information report. 4. We find that the present petition is not maintainable in view of judgement of Hon'ble Apex Court passed in S.L.P (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. 5. Accordingly, the present petition stands dismissed leaving it open for the petitioner to avail the remedy as available to him in accordance with law. Order Date :- 20.8.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad