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2025 DAILYLAW 12389 (ALL)

SUDHIR KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/1765/2025 · 2025-02-11

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19578-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1765 of 2025 Petitioner :- Sudhir Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avanish Tripathi,Jay Shanker Pandey Counsel for Respondent :- G.A.,Vidya Shanker Pandey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 13-01-2025 registered as Case Crime No. 0021 of 2025 under Sections 147, 420, 467, 468, 471, 447, 448, 323, 504, 506 IPC at Police Station Sahibabad, District Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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. 5. 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 :- 11.2.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad