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2025 DAILYLAW 94737 (ALL)

ASHISH KUMAR SRIVASTAVA v. STATE OF U.P. AND 3 OTHERS

CRLP/20374/2025 · 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. - 20374 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner and the A.G.A. The present petition has been filed challenging the First Information Report dated 01.06.2021 registered as Case Crime No. 124 of 2021, under Section 174-A I.P.C., Police Station Line Bazar, District Jaunpur. In has been argued by the counsel for the petitioner that in the light of the prohibition incorporated in Section 195 Cr.P.C., First Information Report could not have been registered and is liable to be quashed. In support of his contention, counsel for the petitioner has relied on the judgment dated 8.1.2024 passed by the Division Bench of this Court passed in Criminal Misc. Writ Petition No. 17568 of 2023 (Sumit and another Vs. State of U.P. and 2 others). In light of Section 195 Cr.P.C. and the judgment passed in Criminal Misc. Writ Petition No. 17568 of 2023 dated 8.1.2024, the First Information Report dated 01.06.2021 is hereby quashed. However, it is open to the concerned officer to file a written complaint against the petitioner under Section 174-A IPC as per Section 195 (1) Cr.P.C. and if the said complaint is filed, the concerned Court shall proceed in accordance with law. September 11, 2025 n.u. Versus Counsel for Petitioner(s) : Girish Kumar Singh Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Ashish Kumar Srivastava .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad