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2025 DAILYLAW 99187 (ALL)

RIZWAN v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/21429/2025 · 2025-09-21

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21429 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The present petition has been filed challenging the First Information Report dated 09.07.2025 registered as Case Crime No. 040 of 2025, under Sections 288 and 109 (1) B.N.S. and Section 7 CLA Act, Police Station Khuldabad, District - Prayagraj. It has been stated that Section 109 (1) B.N.S. and Section 7 CLA Act have been added against the petitioner. The recitals in the first information report do not show that any offence under Section 109 (1) B.N.S. has been committed. The A.G.A., who has obtained instructions in the matter, was asked as to what prompted the Investigating Officer to include Section 109(1) B.N.S. in the first information report. The A.G.A. has not been able to answer the query. The case diary obtained by the A.G.A. does not disclose that any person was injured. A bomb was blast on the wall of the Masjid. The maximum punishment for the offence under Section 288 B.N.S. is imprisonment for six month or fine of Rs.5000/- or both. In view of the aforesaid, writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance of the First Information Report dated 09.07.2025 registered as Case Crime No. 040 of 2025, under Sections 288 and 109 (1) B.N.S. and Section 7 CLA Act, Police Station Khuldabad, Versus Counsel for Petitioner(s) : Irfan Ahmad Malik Counsel for Respondent(s) : G.A. Rizwan .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) District - Prayagraj till the submission of police report under Section 193(3) of B.N.S.S or till the disposal of the writ petition, whichever is earlier. September 22, 2025 n.u. CRLP No. 21429 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad