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2025 DAILYLAW 10014 (ALL)

NEELAM SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/1402/2025 · 2025-01-23

Mohd Azhar Husain Idrisi, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11975-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 1402 of 2025 Petitioner :- Neelam Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imran Ali,Murtuza Ali,Rajan Mishra Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 9.10.2024 registered as Case Crime No. 1 of 2024 modified as Case Crime no. 9 of 2024, under Sections 12, 13(2), 13(1)(b) & 7 of Prevention of Corruption Act, 1988, Police Station Tundla transferred to Police Station Anti-Corruption, District Agra. 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and going through the allegations made in the first information report and the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 6. However, it is open for the petitioner to apply for regular bail before the appropriate Court, which shall be considered and disposed of as expeditiously as possible, in accordance with law. 7. With these observations, the instant writ petition is disposed of. Order Date :- 23.1.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad