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2025 DAILYLAW 20207 (ALL)

ARYAN PATEL v. STATE OF U.P. AND 2 OTHERS

CRLP/3170/2025 · 2025-03-05

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32086-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3170 of 2025 Petitioner :- Aryan Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioners and Sri Ajay Kumar Sharma, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 17.1.2024 registered as Case Crime No. 10 of 2024 under Sections 420, 406, 467, 468, 471 IPC and Section 66(C) and 66(D) of Information & Technology Act, Police Station Kadri Gate, District Farrukhabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that the petitioner is an innocent person and he has been falsely implicated in the present case due to political partibandi. It is next submitted that the petitioner was not arrested from the spot and no recovery whatsoever has been made from the possession of the petitioner and his name has been figured only in the statement of the co- accused, who were allegedly caught from the spot, which is not permissible in evidence. 4. It is has been specifically mentioned in paragraph 20 of the affidavit that the petitioner is peace loving person without any criminal antecedents. 5. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and submits that the petitioner has criminal history of four cases and as such his statement made in paragraph 20 is false in nature. 6. On perusal of record we find that four persons have been arrested from the spot with large numbers of mobiles and sim cards as well as details of the bank account numbers through which cyber crime has been committed, has also been mentioned. Various vouchers / bills / documents found from the possession of the accused so arrested were forged documents. Specific bank account details have also been given in the first information report and all four persons have specifically named the petitioner herein. 7. 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. 8. Therefore, the writ petition is dismissed. Order Date :- 6.3.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad