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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19599 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. This writ petition has been filed by the petitioner seeking to quash the impugned First Information Report dated 07.08.2025 registered as Case Crime No. 222 of 2025, under sections 76, 118(2), 115(2), 352, 351(2), 191(2) BNS, 2023, Police Station Sayyadraja, District Chandauli, and further seeking a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 2. The submission of the learned counsel for the petitioner is that the petitioner is innocent and has been falsely implicated in the present case. He submits that the impugned FIR is an abuse of process of court and has been lodged with mala fide intention, ulterior motive and in order to harass the petitioner. 3. Per contra, learned A.G.A. as well as Sri Vimlendu Tripathi, learned counsel appearing on behalf of respondent No. 4 submitted that a cognizable offence has been made out and, therefore, no interference of this Court is warranted for quashing the impugned first information report. 4. Taking into consideration the submissions advanced by the learned counsel for the parties and a perusal of the contents of the FIR, we are of the opinion that prima facie the commission of a cognizable offence is made out. Versus Counsel for Petitioner(s) : Kamal Dev Singh Chanchal, Rajeev Pushkar Counsel for Respondent(s) : Arya Suman Pandey, G.A., Jitendra Sarin, Rajiv Lochan Shukla, Tushar Pandey, Vimlendu Tripathi, Yogesh Narayan Shukla Hasarat .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
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. Accordingly, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail or other remedy available under the law, as advised.
October 9, 2025 RPD CRLP No. 19599 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad