CRIMINAL MISC. WRIT PETITION No. 20739 of 2025 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20739 of 2025 Ashish Kumar Srivastava .....Petitioner(s) Versus State Of U.P. And 3 Others .....Respondent(s) Counsel for Petitioner(s) : G.A., Girish Kumar Singh Counsel for Respondent(s) : 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 23.9.2022 giving rise to Case Crime No. 468 of 2022, under Section 174A of I.P.C., Police Station - Kotwali Azamgarh, District Azamgarh. 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