Disposed¶9

Avinaash Gupta v. State of U.P. and 2 Others

Allahabad HC3 Jul 2025CRLP/13827/2025

Case brief

AI extract

What is this about?

Cr. Misc. Writ Petition 13827/2025; Avinaash Gupta v. State of U.P.; Allahabad High Court DB; 2025:AHC:118749-DB; order date 22.7.2025; quashing of FIR; FIR dated 16.06.2025; Case Crime No. 301 of 2025; P.S. Jhagha, Gorakhpur; Sections 64(1), 351(2), 308(2) BNS; blackmailing and rape; 60-day investigation deadline; interim no-arrest till cognizance; recall application on non-cooperation; Shobhit Nehra v. State of U.P. 7463/2024; Rs. 72,000/-.

What did the court decide?

Investigation directed to be concluded within 60 days; petitioner not to be arrested during investigation and until cognizance is taken on the police report; respondents permitted to seek recall of the order upon petitioner's non-cooperation. ¶9

Avinaash Gupta vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:118749-DB

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 13827 of 2025 Petitioner :- Avinaash Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Respondent :- Vivekanand Yadav,G.A.

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

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Vakalatnama filed by Sri M.M.D. Mishra, on behalf of respondent no.3 taken on record.

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Heard Sri Subhash Chandra Pandey, learned counsel for the petitioner, Sri M.M.D. Mishra, learned counsel for respondent no.3 and learned A.G.A for the State.

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The instant writ petition has been filed by the petitioner to quash the impugned FIR dated 16.06.2025 registered as Case Crime No. 301 of 2025, under Sections64(1), 351(2) and 308(2) of B.N.S., Police Station-Jhagha, District-Gorakhpur, lodged by victim for offence of blackmailing and rape committed from 01.09.2024 to 15.05.2025, on the ground of false allegation as the accused is having a shop near the house of informant, who was demanding Rs.72,000/- given to the family of informant.

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

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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.

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

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

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Order Date :- 22.7.2025 MN/-

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( Avnish Saxena,J.) ( Siddharth,J.)

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Avinaash Gupta v. State of U.P. and 2 Others

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Avinaash Gupta v. State of U.P. and 2 Others

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