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2025 DAILYLAW 97175 (ALL)

AJAY KUMAR PATEL v. STATE OF U.P. AND 2 OTHERS

CRLP/20963/2025 · 2025-09-16

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20963 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The present writ petition has been filed praying to quash the impugned First Information Report dated 06.09.2025 registering Case Crime No. 0097 of 2025, under Sections 61(2), 308(6), 316(5) B.N.S., 2023, Police Station-Rampur Manjha, District-Ghazipur. It has been argued by the counsel for the petitioner that the first information report has been lodged only to harass the petitioner because previously the petitioner had got first information report registered under Section 135 Indian Electricity Act, 2003 on 4.9.2025 for theft of electricity by the first informant. It has been argued that the recital in the first information report are false and the first information report has been registered only to harass the petitioner for having lodged the first information report against the first informant. The first information report registering Case Crime No. 0097 of 2025 was lodged on 06.09.2025. It has been argued that the first information report is liable to be quashed. A.G.A. representing the respondent Nos. 1 to 2 opposes the petition. No purpose would be served to keep the present petition pending and issue notice to respondent No. 3. After considering the rival submission, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the First Information Report dated 06.09.2025 registering Case Versus Counsel for Petitioner(s) : Santosh Kumar Sharma, Vivek Chaturvedi Counsel for Respondent(s) : G.A. Ajay Kumar Patel .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Crime No. 0097 of 2025, under Sections 61(2), 308(6), 316(5) B.N.S., 2023, Police Station-Rampur Manjha, District-Ghazipur till submission of police report under Section 173(2) Cr.P.C./193 B.N.S.S. September 17, 2025 Anurag/- CRLP No. 20963 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad