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2025 DAILYLAW 172304 (ALL)

SMT. CHANCHAL v. STATE OF U.P. AND 5 OTHERS

CRLP/23935/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23935 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 17.9.2025 registered as Case Crime No.500 of 2025, under Section 70(1) of Bharatiya Nyaya Sanhita, 2023 and sections 51 and 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station - Shahganj, District - Agra and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 2. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 3. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. 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. Versus Counsel for Petitioner(s) : Ashish Srivastava Counsel for Respondent(s) : G.A. Smt. Chanchal .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 6. 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. October 28, 2025 GS CRLP No. 23935 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad