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Neutral Citation No. - 2025:AHC:22142-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2900 of 2025 Petitioner :- Prabhunath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- Chandra Bhushan Yadav,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Lavania,J.
1. Heard Sri Rupesh Srivastava, Advocate, holding brief of Sri Sanjeev Kumar Yadav, learned counsel for the petitioner, Sri Chandra Bhushan Yadav, learned counsel for the informant and Sri Ajay Kumar Sharma, learned AGA for the State. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 04.11.2024 registered as Case Crime No. 0383 of 2024, under Sections 319 (2), 318 (4), 338, 336 (3), 352, 351 (3), 316 BNS, P.S. Belipar, District Gorakhpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Submission of learned counsel for the petitioner is that allegation so made in the impugned FIR are totally false and were concocted in order to falsely implicate the petitioner. The petitioner is a government servant and has no concern with the offence of getting job in Assam Rifles or in Nagaland Police by taking money and the allegation of supplying forged appointment letter is also false. It is submitted that in fact the sons of the petitioner are also victim of circumstances and one Arun Kumar Mishra has collected money from the persons of the locality and Raghunath Prasad, Deepak Prasad and Sanjeev Kumar in Civil Police, Nagaland and Assam Rifles. In fact the money was given by the petitioner to his sons for getting the job. 4. Per contra, learned counsel for informant has supported the prosecution version and learned AGA has also opposed the prayer. 5. We find that there is specific allegation of monetary transaction and there is also specific allegation that the persons from whom the money was taken were also provided forged appointment letters and on verification the same were found forged. There is specific allegation against the petitioner herein as well. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. 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. 7. Therefore, the writ petition is dismissed. Order Date :- 17.2.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad