Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 98230 (ALL)

JAVED v. STATE OF U.P. AND 2 OTHERS

CRLP/21597/2025 · 2025-09-22

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21597 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. Supplementary affidavit filed by the petitioner is taken on record. Heard the counsel for the petitioner and the A.G.A. representing the respondent nos. 1 and 2. The present petition has been filed for the following reliefs:- "i) To, issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 04.08.2025 in Case Crime No. 396 of 2025 under section 352, 115(2), 109, 351 (2) of BNS Police Station Sector Kotwali District Bareilly. ii. issue, a writ, order or direction in the nature of mandamus directing the respondents not to arrest of the Petitioner in Case Crime No. 396 of 2025 under section 352, 115(2), 109, 351 (2) of BNS Police Station Sector Kotwali District Bareilly To issue any other order of direction which the Hon'ble Court may deem fit and proper in the circumstances of the case." It has been argued by the counsel for the petitioner that on the recitals made in the first information report itself, it is evident that no case under Section 109 B.N.S. is made out against the petitioner. The accused as well as the first informant belong to the same family and appear to be cousins. It has been argued that the first information report has been registered only to put pressure on the petitioner. The AGA has opposed the petition. Versus Counsel for Petitioner(s) : Vishwa Pratap Singh Counsel for Respondent(s) : G.A. Javed .....Petitioner(s) State Of U.P. And 2 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 petitioners shall not be arrested in pursuance to the first information report dated 04.08.2025 in Case Crime No. 396 of 2025 under section 352, 115(2), 109, 351 (2) of BNS Police Station Sector Kotwali District Bareilly till submission of the police report under Section 193 of BNSS, 2023. September 23, 2025 Vipasha CRLP No. 21597 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad