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2025 DAILYLAW 194209 (ALL)

SWATI CHAUBEY AND 4 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS

CRLP/23374/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23374 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 18.09.2025 registered as Case Crime No. 232 of 2025, under Sections 65(1), 61(2)(a) of Bharatiya Nyaya Sanhita, 2023 and Sections 5L, 6 of Protection of Children from Sexual Offences Act, 2012, Police Station - Balua, District - Chandauli, 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 A.G.A. submits 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. Versus Counsel for Petitioner(s) : Amarnath Tripathi Counsel for Respondent(s) : G.A. Swati Chaubey And 4 Others .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) 6. Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail as permissible under law and in accordance with law. October 29, 2025 Mohit Singh/- CRLP No. 23374 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad