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2025 DAILYLAW 200714 (ALL)

MANISH VERMA v. STATE OF U.P. AND 3 OTHERS

CRLP/23304/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23304 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant petition has been filed by the petitioner seeking to command the respondents not to arrest the petitioner in pursuance of the quash the impugned First Information Report dated 08.04.2025, giving rise to Case Crime No. 0134 of 2025, under Section 303(2) of BNS, P.S. Link Road, District Ghaziabad. 2. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. He submits that from a plain reading of the impugned FIR, no offence is made out against the petitioner. It is further submitted that the alleged car was recovered in unclaimed state, so after a long investigation the investigating Officer submitted a final report on 30.05.2025. It it further submitted that only on the basis of statement of co-accused, the name of the petitioner came into picture in the present case, the instant FIR is nothing but an abuse of process of court which has been brought in order to harass the petitioner and, therefore, the impugned FIR is liable to be quashed. 3. Per contra, Mr. S.K. Ojha, learned A.G.A. vehemently opposed the instant petition and submitted that petitioner failed to make out any case for invoking extraordinary jurisdiction under Article 226 of the Constitution for quashing of the FIR. 4. Heard learned counsel for the petitioners, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State and perused the material available on record as well as the averments made by the learned counsel for the parties. Versus Counsel for Petitioner(s) : Abhay Mishra Counsel for Respondent(s) : G.A. Manish Verma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Taking into consideration the submissions advanced by the learned counsel for the parties, the averments made in the petition, the given facts and circumstances of the case and also perusing the case diary, which has been produced before the Court by the learned A.G.A., the fact that from perusal of the FIR a cognizable offence is made out against petitioner and, in particular, considering the settled law laid down by the Supreme Court in State of Haryana and others v. Bhajan Lal and others, [1992 SCC (Cri) 426], we do not find any merit in the instant petition. It is, accordingly, dismissed. October 15, 2025 RPD CRLP No. 23304 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad