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2025 DAILYLAW 161529 (ALL)

RABBUL NISHA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS

CRLP/8139/2025 · 2025-10-10

Abdul Moin, Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8139 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the petitioner, learned AGA for respondents no.1 to 3 and Sri Harish Chandra Yadav, learned counsel for respondent no.4. 2. Instant writ petition has been filed praying for quashing of the F.I.R. No.0264 of 2025 under Sections 61(2), 318(4), 338, 336(4), 340(2) B.N.S., Police Station Dhanepur, District Gonda. 3. A perusal of the F.I.R. indicates that cognizable offence is made out. 4. Hon'ble Supreme Court in the case of Niharika Infrastructure Private Limited vs. State of Maharashtra : 2021 (19) SCC 401 has categorically held that it is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on. 5. As already indicated above, once a perusal of the FIR indicates cognizable offences are made out against the petitioner consequently there cannot be any occasion for interference in the F.I.R. 6. Considering the aforesaid, no case for interference is made out. The writ petition stands dismissed. October 10, 2025 prateek Versus Counsel for Petitioner(s) : Kuldeep Singh Counsel for Respondent(s) : G.A., Harish Chandra Yadav, Lalit Kumar Saxena (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Rabbul Nisha .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others .....Respondent(s) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench