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2025 DAILYLAW 15266 (ALL)

RAJEEV SHARMA v. STATE OF U.P. AND 2 OTHERS

CRLP/2683/2025 · 2025-02-13

Vivek Kumar Birla, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20639-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2683 of 2025 Petitioner :- Rajeev Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prasad Dubey Counsel for Respondent :- G.A.,Pankaj Kumar Hon'ble Vivek Kumar Birla,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Ram Prasad Dubey, learned counsel for the petitioner and Shri Pankaj Kumar, learned counsel for the informant and Shri Rahul Asthana, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 08.01.2025, registered as Case Crime No. 0015 of 2025, under Sections 420, 506 IPC, Police Station- Civil Lines, District Budaun. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the present criminal prosecution has been lodged by filing an application under section 175(3) B.N.S.S. on the ground that a fraud was played on the ground of getting employment in the office of District Basic Education Office and money was taken. By drawing attention to first information report it is submitted that the petitioner is not concern as even as per the allegation the transaction was with co-accused Govind who, according to allegation levelled in the first information report, has returned the amount, therefore, the petitioner has been falsely implicated. It is submitted that in fact three persons are close friends, they are indulging in lodging of such type of first information report and in its manner they have falsely implicated the petitioner. 4. Learned counsel for the informant submits that the petitioner has criminal history of similar nature and one FIR No.581 of 2024, dated 07.11.2024, under Sections 420, 406, 506 IPC has been registered with similar allegation. Photo copy of the First Information Report given by the learned counsel for the infomrant is taken on record. Submission, therefore, is that the petitioner is repeatedly indulging in such type of matters. 5. Learned AGA opposed the prayer for quashing of the FIR, and submits that the offence is of public nature and clearly a cognizable offence is made out. 6. 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. 7. The writ petition is according dismissed. Order Date :- 13.2.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad