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2025 DAILYLAW 94004 (ALL)

FAZAL v. STATE OF U.P. AND 3 OTHERS

CRLP/20370/2025 · 2025-09-10

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20370 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard counsel for the petitioner, Additional Government Advocate for the State and Sri Anmol Kumar Dubey, holding brief of Sri Ishwar Chandra Tyagi for respondent no. 4. The present petition has been filed challenging the First Information Report dated 29.08.2025 registered as Case Crime No. 0460 of 2025, under Sections 108, 191(2), 115(2), 352, 351(2),127(2) B.N.S., Police Station Amroha Nagar, District Amroha. It has been stated by the counsel for the respondent no. 4 that no counter affidavit is required in the case and the petition be decided on the basis of the recitals made in the first information report itself. It has been argued by the counsel for the petitioner that the recitals in the first information report do not show commission of any offence under Section 108 B.N.S. and the first information report has been lodged with the malafide intention with a view to harass the petitioner. It has further been stated that the first information report is highly belated and has been lodged after five days of commission of the offence, which itself shows malafide intention in registering the first information report. A.G.A. appearing for the respondent nos. 1 to 3 and Sri Anmol Kumar Dubey, holding brief of Sri Ishwar Chandra Tyagi for respondent no. 4 opposed the petition. Versus Counsel for Petitioner(s) : Irshad Ahmad Counsel for Respondent(s) : G.A., Ishwar Chandra Tyagi Fazal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the First Information Report dated 29.08.2025 registered as Case Crime No. 0460 of 2025, under Sections 108, 191(2), 115(2), 352, 351(2),127(2) B.N.S., Police Station Amroha Nagar, District Amroha till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023. September 11, 2025 n.u. CRLP No. 20370 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad