Vivek Kumar Pandey and 3 Others Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Vivek Kumar Pandey and 3 Others Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Investigating officer directed to conclude investigation within 60 days; petitioners not to be arrested during investigation and till cognizance is taken on the police report; either respondent permitted to file recall application of the order upon non-cooperation by the petitioners.

Issue for consideration

Whether the impugned First Information Report dated 12.6.2025 (Case Crime No. 628 of 2025) should be quashed. +1 more

Court's answer

The writ petition is disposed of with a direction to the investigating officer to conclude the investigation of this case within a period of 60 days.

Ratio / Principle

During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested.

Key takeaways

In case of non-cooperation with the police investigation by the petitioners, it shall be open for either of the respondents to file a recall application of this order.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Division Bench (Siddharth and Avnish Saxena, JJ.), Order dated 18.7.2025 (2025:AHC:116915-DB), disposed of Criminal Misc. Writ Petition No. 13527 of 2025 filed by Vivek Kumar Pandey and 3 others against State of U.P. and 3 others, which sought quashing of the FIR dated 12.6.2025 registered as Case Crime No. 628 of 2025 under sections 64(1), 333, 115(2), 351(2) B.N.S. at Police Station Robertsgang, District Sonbhadra, and a direction that the petitioners not be arrested in pursuance of that FIR. Noting that both parties had lodged FIRs against each other and that investigation was in progress, and in view of Criminal Misc. Writ Petition No. 7463/2024 (Shobhit Nehra v. State of U.P.), the Bench directed the investigating officer to conclude investigation within 60 days, held that the petitioners shall not be arrested during investigation and till cognizance on the police report, and provided that either respondent may file a recall application upon non-cooperation by the petitioners.

Neutral Citation No. - 2025:AHC:116915-DB

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 13527 of 2025

Petitioner :- Vivek Kumar Pandey And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondent :- G.A.,Laxmi Narayan Mishra,Sheetendra Pratap Singh

Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.

Heard learned counsel for the petitioners; Shri Laxmi Narayan Mishra learned counsel for respondent no.4 and learned AGA for State-respondents.

The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 12.6.2025 registered as Case Crime No. 628 of 2025, under sections- 64(1),333,115 (2),351 (2) B.N.S. Police Station- Robertsgang District - Sonbhadra. and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

Both the parties have lodged F.I.R. against each other making certain allegations.

With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter.

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.

During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioners shall not be arrested.

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.

Order Date :- 18.7.2025 Atul kr. sri.

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad