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2025 DAILYLAW 98862 (ALL)

RAHMAT ALI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/21498/2025 · 2025-09-24

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21498 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the petitioners; Sri Ram Kumar Dubey, learned counsel for respondent no.3 and learned AGA for State-respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 08.07.2025, registered as FIR/Case Crime No.0425 of 2025, under Sections- 319(2), 61(2), 338, 336(3) of Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station- Katghar, District - Moradabad and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 4. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. 5. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall Versus Counsel for Petitioner(s) : Rupendra Kumar Mishra Counsel for Respondent(s) : G.A., Ram Kumar Dubey Rahmat Ali And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) not be arrested. 6. In case of non-cooperation with the police investigation by the petitioners, it shall be open for either of the respondents to file recall application of this order. September 25, 2025 Radhika CRLP No. 21498 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad