SUMIT @ SUMIT PALHAWAT AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/20421/2025 · 2025-10-08
Ajay Bhanot, Garima Prashad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94712 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94712 (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. - 20421 of 2025 Court No. - 49 HON'BLE AJAY BHANOT, J.
HON'BLE MRS. GARIMA PRASHAD, J. The writ petition is directed against the FIR dated 26.07.2025 registered as Case Crime No. 638 of 2025 under Sections 318(2), 103(1), 238 B.N.S. P.S. Quarsi, District Aligarh. Briefly put the prosecution case set out in the FIR is that the petitioner and the other co-accused persons had asked the deceased to accompany them to Delhi. The deceased did not return home thereafter. The first informant and other family members went out in search for the deceased and also made enquiries but drew a blank. During the course of the aforesaid search it transpired that the petitioners son had been done to death by the accused persons on account of his relationship with one Meena. The body of the deceased was thrown near a railway siding after the incident. The petitioners have been identified in the FIR as the principal offenders who committed the crime and prima facie offence is disclosed against them. Versus Counsel for Petitioner(s) : Kuldeep Singh Tomar Counsel for Respondent(s) : G.A., Satish Kumar Singh, Sumit Pandey Sumit @ Sumit Palhawat And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
The argument of the learned counsel for the petitioner that the FIR is a belated one is a matter of trial. Delay in lodgement of the FIR in the facts of this case is not sufficient cause for quashment of the same. The writ petition is dismissed.
October 9, 2025 Vandit CRLP No. 20421 of 2025 2 (Mrs. Garima Prashad,J.) (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad