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2025 DAILYLAW 19361 (ALL)

DEEP BAJPAI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/2825/2025 · 2025-04-16

Siddhartha Varma, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56831-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 2825 of 2025 Petitioner :- Deep Bajpai And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Pandey,Ram Prakash Counsel for Respondent :- Nikil Pathak,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 04.10.2024 registered as Case Crime No. 0980 of 2024, under Sections 318(4), 338, 336(3), 340(2), 351(2), 61(2) and 316 (2) BNS, Police Station Kavi Nagar, District - Ghaziabad, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report. 2. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated. 3. Per contra, learned counsel for the informant and learned A.G.A. submit 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. 6. Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 17.4.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad