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Neutral Citation No. - 2025:AHC:19467-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2558 of 2025 Petitioner :- Sushil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naveen Kumar Chaubey,Sanjay Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard Sri Sanjay Srivastava, learned counsel for the petitioner 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 28.9.2024 registered as Case Crime No. 321 of 2024 under Sections 70(1), 351(3) of B.N.S., Police Station Kokhraj, District Kaushambi. 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 first information report has been lodged after an inordinate delay and the victim was major. It is next submitted that there had been some money dispute with another accused and for this reason the petitioner has been falsely implicated in the present case.
4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and submits that a bare glance over the first information report clearly indicate that it is a case of gang rape and all the accused persons have been specifically named in the first information report.
5. 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. Order Date :- 11.2.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad