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2025 DAILYLAW 172378 (ALL)

AAYATUZZAHRA v. STATE OF UP AND 2 OTHERS

CRLP/23358/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23358 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Criminal Misc. Exemption Application No. 1 of 2025 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. The petitioner is exempted from filing the certified copy of the FIR dated 20.9.2025. 3. The application is, accordingly, allowed. Order on Petition 4. This writ petition has been filed for quashing the impugned First Information Report registered on 20.9.2025 as Case Crime No. 223 of 2025, under Sections 318(4), 319(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station -Gyanpur, District - Bhadohi, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 5. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 6. 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. 7. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Versus Counsel for Petitioner(s) : Ram Bachan Yadav, Ram Sakal Yadav Counsel for Respondent(s) : G.A. Aayatuzzahra .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) 8. 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. 9. 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 29, 2025 PK CRLP No. 23358 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad