SHAHFAHAD ALIAS SHANU v. STATE OF UTTAR PRADESH AND 2 OTHERS
CRLP/4029/2025 · 2025-03-03
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20749 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20749 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30310-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4029 of 2025 Petitioner :- Shahfahad Alias Shanu Respondent :- State of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ankit Agarval Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Sri G.P. Singh, learned A.G.A. for the State-respondents.
2. The relief sought in this petition is for quashing FIR dated 03.02.2025 registered as Case Crime No.46 of 2025 u/s 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Madhuban, Bapudham, District-Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submits that the petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed.
4. Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence. He has also produced before us a detailed instructions with case diary, which is returned back to him after perusal.
5. On perusal of the detailed instruction as well as the case diary placed by learned A.G.A. and the impugned FIR, prima facie, we are of the view that there is commission of cognizable offence by the petitioner and it is not a fit case for quashing the FIR. 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, we find that no case has been made out for
interference with the impugned FIR.
6. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 4.3.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.)
Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad