Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 108472 (ALL)

SAIYAD MOHAMMAD ASIF v. State of UP AND 3 OTHERS

CRLP/22472/2024 · 2025-04-27

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:64951-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 22472 of 2024 Petitioner :- Saiyad Mohammad Asif Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A.,Om Prakash Katiyar,Sunita Chauhan Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and learned counsel appearing for the respondent no. 4. 2. This writ petition has been filed for quashing of the First Information Report dated 17.09.2024 giving rise to Case Crime No. 138 of 2024, under Sections 318(2), 316(2), 338, 336(3), 340(2), 352, 351(2) of the B.N.S., Police Station - Nazirabad, District - Kanpur Nagar. 3. From the order dated 21.01.2025 and the order dated 14.02.2025, it apparently appears that there was a commercial dispute between the parties. However, from the perusal of the first information report and also from the conduct of the petitioner, it does not appear that the petitioner intend to settle the matter. 4. 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. 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 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. Order Date :- 28.4.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad