Allahabad High Court · 2025-09-23
CRIMINAL MISC. WRIT PETITION No. 20735 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 20735 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 20735 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20735 of 2025 Ashish Kumar Srivastava .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : Girish Kumar Singh Counsel for Respondent(s) : G.A. Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents. 2. This writ petition has been filed to set aside the First Information Report dated 19.10.2020 giving rise to Case Crime No. 549 of 2020, under Section 174-A I.P.C., Police Station - Kotwali Mau, District Mau. 3. Basing his arguments on the judgment of this Court in Criminal Misc. Writ Petition No. 17568 of 2023 (Sumit and another vs. State of U.P. and 2 others) dated 8.1.2024, learned counsel for the petitioner states that in the light of the prohibition incorporated in Section 195 of Cr.P.C., the first information report could not have been lodged. 4. Learned A.G.A. submitted that it would hardly make any difference whether the case was initiated on the basis a first information report or on the basis of a complaint. 5. Having heard the learned counsel for the par