SADA NAND AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/19992/2025 · 2025-09-08
Salil Kumar Rai, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 92724 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 92724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19992 of 2025
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioners and the A.G.A. representing the respondent Nos. 1 and 2. The present petition has been filed for the following relief:-
"A. Issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 14.08.2025 being Case Crime No. 0195 of 2025 U/s 191(2), 117(2), 109(1), 352, 351(2) of B.N.S., Police Station Kotwali, District Kanpur Nagar." A perusal of the First Information Report discloses commission of a cognizable offence. However, it has been argued by the petitioners that the recitals in the first information report do not show any weapon was used by the petitioners in assaulting the husband of the complainant. The contention of the counsel for the petitioners cannot be accepted as any error in the language used in the recitals in the first information report does not absolve the petitioners from the charges. The matter is subject to investigation. The interpretation put by the counsel for the petitioners on the recitals in the first information report is not acceptable. We have also perused the injury report produced by the Additional Versus Counsel for Petitioner(s) : Arun Kumar Singh Counsel for Respondent(s) : G.A. Sada Nand And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
Government Advocate which shows that the victim has suffered multiple injuries which could not have been caused by assault by a single person or a single weapon. In view of the aforesaid, no case for quashing the first information report is made out. For the aforesaid reason, the present writ petition is dismissed.
September 9, 2025 P Kesari
CRLP No. 19992 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad