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2025 DAILYLAW 19943 (ALL)

LALLU SHARMA @ KALLU BHAT v. STATE OF U.P. AND 3 OTHERS

CRLP/3150/2025 · 2025-03-16

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37007-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3150 of 2025 Petitioner :- Lallu Sharma @ Kallu Bhat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Ram Milan Dwivedi, learned counsel for the petitioner, Shri Amit Sinha, learned AGA-I for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 09.01.2025 registered as Case Crime No. 0018 of 2025, under Sections 310(2), 140(2), 126(2), 127(2), 115(2), 352, 351(2) BNS, 2023, Police Station-Karwi Kotwali Nagar, District Chitrakoot. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case and he has never committed any such offence. In fact the informant had money dispute with Jitendra Savita @ Jitendra due to which he has been falsely implicated in the present case. 4. Per contra, learned AGA opposed the prayer for quashing of the FIR and pointed out that the informant in his statement has supported the incident and reading of the impugned FIR clearly reflects that a cognizable offence is made out. 5. We find that one Criminal Misc. Writ petition No.3287 of 2025 filed by co-accused Jitendra Savita @ Jitendra, who was allegedly traveling in the Omni Van alongwith the petitioner herein has been disposed of by this court on merits by refusing prayer for quashing of the FIR dated 09.01.2025 which was impugned herein. 6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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. The writ petition is accordingly dismissed. Order Date :- 17.3.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad