X Minor vs State of U.P. and Another

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 11367 of 2025

Applicant :- X Minor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indrakesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sanjay Kumar Singh, Advocate, holding brief of Mr. Indrakesh Kumar Sharma, the learned counsel for applicant and the learned A.G.A. for State opposite party 1.

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Perused the record.

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On the matter being taken up today, the learned counsel for applicant submits that against the F.I.R. dated 24.6.2023 lodged by the first informant opposite party 2 giving rise to present criminal proceedings, co-accused Musarraf Ali along with three others approached this Court by filing Criminal Misc. Writ Petition No. 11704 of 2023 (Mussaraf Ali and 5 others Vs. State of U.P. and 5 others). In the aforesaid writ petition, an interim order dated 14.5.2024 was passed by a Division Bench of this Court. For ready reference, the same is reproduced herein below:-

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"1. Heard Sri Sanjay Kumar Singh, learned counsel for the petitioners and Ratan Singh, learned A.G.A. for the State respondents.

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2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.06.2023, registered as Case Crime No. 328 of 2023, under Sections 498A, 376, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Shahjanwa, District Gorakhpur and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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3. Submission of the learned counsel for the petitioner is that the entire family has been roped in by making general and false allegations. It is further submitted that the first information report has been lodged after a gap of about one year after the alleged incident dated 25.06.2022. Submission, therefore, is that this is nothing but a malicious prosecution and is liable to be quashed.

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4. Matter requires consideration.

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5. Learned AGA has accepted notice on behalf of respondent no.1 to 3.

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6. Issue notice to the respondent no. 4. Steps be taken within a week.

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7. All the respondents may file counter affidavit within four weeks. The petitioners shall have three weeks thereafter to file rejoinder affidavit.

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8. List thereafter before the appropriate Bench.

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9. Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 24.06.2023, registered as Case Crime No. 328 of 2023, under Sections 498A, 376, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Shahjanwa, District Gorakhpur, subject to cooperation in ongoing investigation."

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It is then submitted by the learned counsel for applicant that aforementioned writ petition is still pending.

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In view of above, it is desirable that this application be heard along with aforementioned writ petition.

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Accordingly, connect this application along with aforementioned writ petition.

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Matter shall re-appear as fresh along with connected matter on 20.5.2025 before appropriate Bench after obtaining an order of nomination from Hon'ble the Chief Justice.

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When the matter is listed next, the details of both the matters shall be duly published in the cause list.

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Order Date :- 13.5.2025 HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

X Minor v. State of U.P. and Another

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X Minor v. State of U.P. and Another

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