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2023 Supreme(All) 1835

VIVEK KUMAR BIRLA, SURENDRA SINGH-I
Abdul Hayee – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mushir Khan

JUDGMENT :

1. Heard Shri Mushir Khan, learned counsel for the petitioners and Shri Manish Goyal, learned Additional Advocate General assisted by Shri A.K. Sand, learned A.G.A.-I appearing on behalf of the State.

2. During the course of argument Shri A.K. Sand, learned A.G.A.-I submits that during investigation Section 216 I.P.C. has been added.

3. Learned counsel for the petitioners submits that he may be permitted to amend the prayer clause. He may do so during the course of the day.

4. This writ petition has been filed for quashing the impugned First Information Report dated 04.03.2023 in Case Crime No. 42 of 2023, under Sections 3/4/25 Arms Act, Section 4/5 of Explosive Substances Act 1908 and Section 216 I.P.C., Police Station Sarai Akil, District Kaushambi and for a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.

5. The submission of the learned counsel for the petitioners is that no offence has been made out against the petitioners. None of the petitioners herein were found or arrested on the spot and one Abdul Kawi has already surrendered before the C.B.I. Court. It is submitted that as per the first inf

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