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2025 DAILYLAW 92717 (ALL)

VICKY KUMAR AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/19970/2025 · 2025-09-08

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19970 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Riyaz Husain, Advocate, holding brief of Ms. Sufia Saba, learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. This writ petition has been filed praying to quash the first information report dated 16.5.2025 registered as Case Crime No. 019 of 2025 under Sections 318 (4) BNS and 66D Information Technology (Amendment) Act, P.S. Varanasi, Cyber Crime, District Varanasi with further prayer not to harass the petitioners pursuant to the said FIR. 3. Prayer for adjournment is being made on behalf of learned counsel for the petitioners. 4. Learned A.G.A. pointed out that the present petition at the instance of the petitioners is not maintainable as the petitioners herein are not named in the first information report and it is a case of online fraud. 5. In view of the preliminary objection raised by the learned A.G.A., we are not inclined to adjourn the matter and prayer for adjournment is refused. 6. 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. 7. Accordingly, the present petition stands dismissed. September 9, 2025 Madhurima Versus Counsel for Petitioner(s) : Sayeed Saif Ullah, Sufia Saba Counsel for Respondent(s) : G.A. (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Vicky Kumar And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad