YOGENDRA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/3435/2025 · 2025-03-11
Mohd Azhar Husain Idrisi, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21351 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21351 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36150-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3435 of 2025 Petitioner :- Yogendra And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subedar,Vinod Kumar Maurya Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard Sri Vinod Kumar Maurya, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 13.11.2024 registered as Case Crime No. 151 of 2024 under Sections 191(2), 191(3), 115(2), 352, 351(2) of B.N.S., Police Station Jagner, District Agra. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of learned counsel for the petitioners is that the impugned first information report has been lodged after delay as an afterthought and the petitioners have no concern whatsoever and they have been falsely implicated due to land dispute between the parties as the petitioners' side has lodged one first information report dated 2.11.2024 registered as Case Crime No. 145 of 2024 and for this reason present criminal prosecution has been lodged.
4. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and pointed out that in the present case against all the petitioners charge-sheet no. 24 of 2025 dated 14.2.2205 has been forwarded, however, further investigation has been directed by the higher police authorities by adding Section 110 and 118 of B.N.S., which clearly reflects that a prima facie case has been made out and serious injury have been cuased.
5. 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.
6. Therefore, the writ petition is dismissed. Order Date :- 12.3.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad