HEAD CONSTABLE KRISHNA KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS
CRLP/22038/2025 · 2025-10-08
Devendra Singh I, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101091 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22038 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, 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 10.9.2025 giving rise to Case Crime No. 0362 of 2025, under Section 7/13 of Prevention of Corruption Act, 1988, Police Station-Kotwali, District- Fatehpur. 3. Learned counsel for the petitioner has submitted that petitioner is wholly innocent and has been falsely implicated in the present case due to ulterior motive. 4. Learned counsel for the petitioner has next submitted that from the bare reading of the allegations made in the first information report, prima facie no offence, whatsoever, is disclosed against the petitioner and, as such, the impugned first information report is liable to be quashed. 5. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that from the bare perusal of the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner. 6. Learned AGA has further submitted that as per the allegations made in the FIR, different amount on different dates has been transferred in the bank account of the person, who is the real brother of the petitioner, Versus Counsel for Petitioner(s) : Anand Kumar Counsel for Respondent(s) : G.A. Head Constable Krishna Kumar Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
which is linked to the crime in question and, as such, prima facie offence is clearly disclosed and the impugned 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. 7.
Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the allegations made in the first information report particularly the transfer of different amount in the bank account of the brother of the first informant, which is linked with the crime in question and keeping in view the relevant law cited by the learned AGA and noting the submissions made by learned AGA, we are of the opinion that the impugned first information report discloses the cognizable offence and as such, impugned first information report cannot be quashed. 8. The prayer for quashing of the first information report is therefore, refused. 9. The instant writ petition lacks merit and is, accordingly, dismissed. October 9, 2025 KU CRLP No. 22038 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad