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2025 DAILYLAW 19448 (ALL)

RAZIYA PRAVEEN ALIAS RAZIA v. STATE OF U.P. AND 2 OTHERS

CRLP/3463/2025 · 2025-03-04

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31114-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3463 of 2025 Petitioner :- Raziya Praveen Alias Razia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Asar Mukhtar,Ikram Ahmad Counsel for Respondent :- Anurag Pandey,G.A.,Sudarshan Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Ikram Ahamd, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A I for the State respondents and Sri Sudarshan Singh, learned counsel for the informant. 2. The relief sought in this petition is for quashing of the F.I.R. dated 7.11.2024, registered as Case Crime No. 177 of 2024, under Sections 115(2), 352, 351(2), 118(1), 324(4) of BNS, Police Station Kotwali, District Moradabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. At the very outset, Sri Amit Sinha, learned AGA I has pointed out that during investigation Section 109 BNS has been added and the injured has suffered serious injuries. 4. Submission of the learned counsel for the petitioner is that the allegation is only against the petitioner no. 2 and others petitioners have been falsely implicated and a civil dispute is pending between the parties. 5. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Admittedly, the gravity of offence has increased with adding of Section 109 BNS and the injured has suffered serious injuries on vital part. 7. 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 :- 5.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad