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2025 DAILYLAW 10446 (ALL)

SMT. RAJ KUMARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/1521/2025 · 2025-01-24

Rajiv Gupta, Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:12624-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 1521 of 2025 Petitioner :- Smt. Raj Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Singh Verma Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 9.11.2024 giving rise to Case Crime No. 244 of 2024, under Section 137(2) of B.N.S., Police Station-Thariaon, District- Fatehpur. 3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the impugned first information report is liable to be quashed. 4. Per contra, learned A.G.A. has submitted that the victim is a minor girl aged about 17 years and has been forcibly enticed away by the petitioners. He has further submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioners 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, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in Criminal Appeal No. 569-570 of 2022, Shraddha Gupta Vs. State of U.P. & others 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 the learned counsel for the parties parties and taking into consideration the fact that the victim is a minor girl aged about 17 years and has been forcibly enticed away by the petitioners and in view of the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioners files an application for anticipatory/regular bail before the trial court, their bail application be considered and disposed of as expeditiously as possible in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 24.1.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad