HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21902 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed for quashing the impugned First Information Report dated 26.7.2025 registered as Case Crime No.128 of 2025, under Sections 309(6), 109, 281, 115(2), 352, 351(3) B.N.S., Police Station- Marka, District- Banda, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. It is next submitted that the name of the petitioner has surfaced on account of the fact that the named accused has mentioned the name of the petitioner. 4. Per contra, learned A.G.A. opposes the aforesaid submissions and denies this fact. He submits that the name of the petitioner was mentioned by two eye-witnesses, namely, Raj Karan Nishad and one Himanshu. He further submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Therefore, in view of the law laid down by Hon'ble Supreme Court Versus Counsel for Petitioner(s) : Abhishek Kushwaha, Akash Singh Chauhan, Narendara Mohan Counsel for Respondent(s) : G.A. Avinash Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. October 9, 2025 KS CRLP No. 21902 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad