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2024 Supreme(All) 50

VIVEK KUMAR BIRLA, VINOD DIWAKAR
Keshav Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Seema Singh Jadaun, Jitendra Pal Singh Jadaun.
For the Respondent: G.A., Ashok Kumar Singh Bais, Vineet Singh Parmar.

JUDGMENT :

Vinod Diwakar, J.

1. We have heard Shri Nitin Bhasin, holding the brief of Shri Jitendra Pal Singh Jadaun, learned counsel for the petitioners, learned counsel for the informant, and Shri G.P. Singh, learned AGA for the State Respondents, and perused the record.

2. The present writ petition has been preferred to quash the impugned First Information Report dated 30.7.2023 as Case Crime No.419 of 2023, under Sections 420, 467, 468, 471, 504, 506 IPC, registered at P.S. Deoband, District Saharanpur, and for a direction to the respondent police not to arrest the petitioners till the pendency of the present petition. For clarity, the relevant portion of the prayer is underlined herein :

    “(i) Issue a writ, order or direction in nature of certiorari quashing the impugned First Information Report dated 30.07.2023 registered as Case Crime No. 419 of 2023, under Sections 420, 467, 471, 504, 506 of IPC, P.S. Deoband, District Saharanpur.

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to not to arrest the petitioners in pursuance of First Information Report dated 30.07.2023 registered as Case Crime No. 419 of 2023, under Sections

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