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2025 DAILYLAW 102527 (ALL)

SANOJ @ SUBHASH CHAND v. STATE OF U.P. AND 3 OTHERS

CRLP/22364/2025 · 2025-10-05

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22364 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 27.08.2025 registered as Case Crime No.374 of 2025, under Sections 103(1), 238, 3(5) of B.N.S. and Section 4/25/27 Arms Act, Police Station Chandausi, District - Sambhal, 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. 6. Therefore, the writ petition is dismissed leaving it open for the petitioner Versus Counsel for Petitioner(s) : Santosh Kumar Gupta, Shubham Maurya Counsel for Respondent(s) : G.A. Sanoj @ Subhash Chand .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. October 6, 2025 Aiman CRLP No. 22364 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad