Ravi Babu Gupta and 2 Others v. the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home and 3 Others

Allahabad HC23 Jul 2025CRLP/2259/2025

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under several BNS sections on the ground that injuries were simple and a cross-FIR was lodged by petitioner no.1. Court ordered counter affidavits and granted interim protection from arrest till next hearing.

What did the court decide?

Petitioners not to be arrested till next date of listing unless sufficient and credible evidence is available; they must cooperate in investigation.

Ravi Babu Gupta and 2 Others Vs the State of U.P. Thru… — Quashing and FIR | Allahabad HC (2025)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2259 of 2025

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Petitioner :- Ravi Babu Gupta and 2 others Respondent :- The State of U.P. Thru. Addl. Chief Secy. Deptt. of Home and 3 others Counsel for Petitioner :- Rama Pati Shukla,Shrey Shukla Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J.

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Heard learned counsel for the petitioners, learned AGA for the State-opposite parties no.1 to 3 and Sri Rajeev Kumar Mishra Rudra, learned counsel, who has filed power on behalf of opposite party no.4, which is taken o record.

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The petitioners seek issuance of a writ in the nature of Certiorari for quashing of the First Information Report bearing Case Crime No.0022 of 2025, under Sections 109, 115(2), 191(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station Ram Janam Bhoomi, District Ayodhya.

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Submission of learned counsel for petitioners is that Section 109 of Bharatiya Nyaya Sanhita, 2023 has wrongly been invoked against the petitioners as all the injuries suffered by the victims are simple in nature. Further submission is that petitioner no.1 himself has lodged an FIR with regard to the same incident, which took place at the shop of petitioner no.1 where the informant and others had entered and beaten petitioner no.1 and his son.

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Learned AGA, on instructions, states that all the injuries suffered by the victims are simple in nature.

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In view of the aforesaid facts, a case for consideration is made out.

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Let counter affidavit be filed within three weeks.

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List after three weeks.

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Considering the submissions made, it is provided that till the next date of listing, the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order.

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(Brij Raj Singh, J.) (Vivek Chaudhary, J.)

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Order Date :- 26.3.2025 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Ravi Babu Gupta and 2 Others v. the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home and 3 Others

Case brief

What is this about?

What did the court decide?

Ravi Babu Gupta and 2 Others v. the State of U.P. Thru. Addl. Chief Secy. Deptt. of Home and 3 Others

Case brief

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What did the court decide?

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