Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144905-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18335 of 2025 Petitioner :- Nishant And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J.
1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioners and Sri Shrivan Kumar Dubey, learned A.G.A. for the State and perused the record. 2. Present petition has been filed for quashing of the first information report dated 1.5.2025 in case crime no. 91of 2025 under sections 191(2), 191(3), 190, 115(2), 109, 351(2), 352 B.N.S., police station-Dankaur, District Gautam Budh Nagar. 3. The submission of learned counsel for the petitioners is that the petitioners are not named in the first information report and have been falsely implicated. By drawing the attention to the order dated 11.7.2025 passed in Crl. Misc. Writ Petition No. 14616 of 2025 (Abhay @ Mantri) it is submitted that identically placed persons have already been granted indulgence by this Court and, therefore, petitioners are also entitled for relief. 4. We have considered the submissions and perused the record. 5. A perusal of F.I.R. reflects that a cognizable offence is made out. Even otherwise the petitioners are not named in the first information report, the present petition is not maintainable in the light of judgment of Hon'ble Apex Court in SLP (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022. That apart, Crl. Misc. Writ Petition No. 10817 of 2025 (Rev Singh Vs. State of U.P. and others) filed by co-accused has already been dismissed by this court on merits vide order dated 27.5.2025. 6. Additionally, Sri Shravan Kumar Dubey, learned A.G.A. pointed out that the charge sheet dated 29.7.2025 has been submitted
against ten persons namely, Pankaj, Vinit @ Baj, Koshi, Kapil @ Roop Chandra, Robin, Sumit Mabi, Abhai @ Mantri, Pahashu @ Pashu, Himanshu @ Golu. 7. We, therefore, find that there can be no part quashing of impugned F.I.R.
8. In such view of the matter, present petition is not maintainable. 9. Present petition is accordingly dismissed, however, the petitioners are at liberty to avail the remedy as may be available to them in law.
Order Date :- 22.8.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad