# CRIMINAL MISC. WRIT PETITION No. 7659 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-04-22
Citation: CRIMINAL MISC. WRIT PETITION No. 7659 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. WRIT PETITION No. 7659 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=55783)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:60819-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7659 of 2025 Petitioner :- Shams Tabrej Alias Vicky And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akshansh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Akshansh, learned counsel for the petitioners and learned A.G.A. for the State respondents. 2. The instant writ petition is preferred under Article 226 of Constitution of India assailing the legality and validity of the impugned First Information Report dated 16.3.2025 registered as Case Crime No.73 of 2025, under Sections 115(2), 352, 351(3) BNS, P.S. Belipar, District Gorakhpur. Further request is made to issue a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Learned counsel for the petitioners vehemently contended that during investigation Section 110 BNS has been added, even though the alleged offence are below seven years and the impugned FIR is liable to be quashed as the petitioner had earlier lodged first information report and also sustained injury. Considering the factua

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