RAMESHWAR PRASAD TIWARI AND ANOTHER v. STATE OF UP AND 2 OTHERS
CRLP/22170/2025 · 2025-09-25
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 101715 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 101715 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22170 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. This writ petition has been filed for quashing the impugned First Information Report dated 10.09.2025 registered as Case Crime No. 285 of 2025, under Sections 103(1) and 61(2) of B.N.S., 2023, Police Station - Karchhana, District - Prayagraj, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report.
2. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated.
3. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report.
4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
5. Therefore, in view of the law laid down by Hon'ble Supreme Court 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. Versus Counsel for Petitioner(s) : Krishna Kumar Mishra, Ujair Sarfraj, Vikesh Kumar Tiwari Counsel for Respondent(s) : G.A. Rameshwar Prasad Tiwari And Another .....Petitioner(s) State Of Up And 2 Others .....Respondent(s)
6. 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. September 26, 2025 SK Srivastava CRLP No. 22170 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad