NEHA @ NEHA SINHA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/9148/2025 · 2025-11-03
Abdul Moin, Tej Pratap Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9148 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the petitioners, Ms. Anita Sinha, who has filed caveat on behalf of respondent no.4 and learned AGA for respondents no.1 to 3.
2. Instant writ petition has been filed praying for quashing of the F.I.R. No.0316 of 2025 dated 08.09.2025 under Sections 103(1) B.N.S., Police Station Banthra, District Lucknow.
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. Versus Counsel for Petitioner(s) : Girish Kumar Pande, Prashant Pandey Counsel for Respondent(s) : G.A. Neha @ Neha Sinha And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s)
6. Considering the aforesaid, no case for interference is made out. The writ petition stands dismissed leaving it open for the petitioners to pursue other remedies available to them as permissible under the law. November 3, 2025 Arti/- CRLP No. 9148 of 2025 2 (Tej Pratap Tiwari,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench