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2025 DAILYLAW 8891 (ALL)

MUNSHI LAL AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/1070/2025 · 2025-09-11

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 1070 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners, Sri Mustaqeem Ahmad, learned counsel for the respondent no.4 and learned AGA for State-respondents. 2. After the mediation was unsuccessful, the matter has been placed before us. 3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 3.1.2025, registered as Case Crime No. 04 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2), 351(3) B.N.S., Police Station Kalyanpur,District Kanpur Nagar, and for a direction to the respondents not to arrest the petitioners 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 Shobhit Nehra Vs. State of U.P., reported in 2024 SCC OnLine All 4627, the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case as expeditiously as possible. 6. 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 the aforesaid case. 7. 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 this order. September 12, 2025 sfa/ Versus Counsel for Petitioner(s) : Istyak Khan Counsel for Respondent(s) : G.A., Mustaqeem Ahmad, Shashank Tripathi (Abdul Shahid,J.) (Siddhartha Varma,J.) Munshi Lal And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad