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2025 DAILYLAW 16794 (ALL)

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

CRLP/2566/2025 · 2025-02-11

Vivek Kumar Birla, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19476-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2566 of 2025 Petitioner :- Boby Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Vinay Kumar, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 20.1.2025 registered as Case Crime No. 11 of 2025 under Sections 303(2), 317(2), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, Police Station Narkhi, District Firozabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case only to harass and blackmail the petitioner for the purpose of extracting money. It is next submitted that the petitioner is the owner of vehicle being UP 82 AT 9723, which duly insured and no offence as alleged have been made out against the petitioner. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. On perusal of first information report we find that overloaded dumpers were found standing with changed number-plates, which were got verified from the chassis number and the same were being used for illegal mining. 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. Therefore, the writ petition is dismissed. Order Date :- 11.2.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad