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2025 DAILYLAW 90245 (ALL)

NAND KISHORE AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/19311/2025 · 2025-08-31

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19311 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Supplementary affidavit filed by the petitioner is taken on record. The present writ petition has been filed challenging the First Information Report dated 16.08.2025 registering Case Crime No. 359 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 126(2), 351(3), 352 B.N.S., Police Station Kurawali, District Mainpuri. It has been argued by the counsel for the petitioners that no offence under Section 109(1) BNS is made out from the recitals made in the first information report as well as from the injury report which has been annexed with the supplementary affidavit. For the other offences referred in the said first information report, punishment is imprisonment for less than seven years. The AGA representing respondent nos.1 to 3 has opposed the writ petition. After considering the rival submission of the parties and the facts of the case, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the First Information Report dated 16.08.2025 registering Case Crime No. 359 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 126(2), 351(3), 352 B.N.S., Police Station Kurawali, District Mainpuri till submission of police report under Section 173(2) Cr.P.C./ Section 193(3) B.N.S.S. September 1, 2025 AS Versus Counsel for Petitioner(s) : Rajneesh Tripathi Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Nand Kishore And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad