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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23238 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Dhiraj Kumar Pandey, the learned counsel for petitioner and the learned A.G.A. for State/respondents-1 & 2.
2. Perused the record.
3. Present petition has been filed by petitioner-Varun Gulati for the following reliefs:
" A. Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 27.05.2025 registered as Case Crime No.82 of 2025, State of U.P. vs. Balmukund Rai Jaiwal and others, under sections 61(2), 318(2), 338, 340(2), 351(3) and 352 of B.N.S., Police Station-Kotwali Nagar, District Saharanpur. B. Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondents not to arrest the Petitioner in pursuance of first information report dated 27.05.2025 registered as Case Crime No. 82 of 2025, State of U.P. vs. Balmukund Rai Jaiwal and others, under sections 61(2), 318(2), 338, 340(2), 351(3) and 352 of B.N.S., Police Station-Kotwali Nagar, District Saharanpur. C. Issue any suitable order or direction, which this Hon'ble Court may deem fit and proper in the interest of justice. D. Award the costs of this Writ Petition in favour of the Petitioner."
4. At the very outset, the learned A.G.A. submits that the FIR impugned in writ petition has been lodged by the first informant against her own husband. There is nothing on record to disbelieve the allegations made in the FIR. Therefore, the allegation made in the FIR clearly make out commission of a cognizable offence. As such, no interference is warranted by this Court in Versus Counsel for Petitioner(s) : Dhiraj Kumar Pandey Counsel for Respondent(s) : G.A. Varun Gulati .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
the present writ petition.
5. When confronted with above, the learned counsel for petitioner could not overcome the same.
6. Having heard the learned counsel for petitioner, the learned A.G.A. for State and upon perusal of record, we are of the view that no case for interference is made out.
7. In view of above, the writ petition shall stand dismissed. October 14, 2025 Monika CRLP No. 23238 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad