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Neutral Citation No. - 2025:AHC:28180-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3932 of 2025 Petitioner :- Raj Cauhan Alias Kaju Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Mohd. Waseem, learned counsel for the petitioner and learned A.G.A for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 21.6.2024, registered as Case Crime No. 218 of 2024, under Sections 363, 366 IPC, PS Lalpur/Pandeypur, District Varanasi, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is further submitted that the victim Anshika Singh has moved an application before the Commissioner by registered post that she herself took a ride with the accused (petitioner herein) and she alighted at Pandeypur Chauraha and had gone to maternal uncle and therefore, no offence has been committed. During course of argument, learned counsel for the petitioner very fairly submitted that the girl is still with the petitioner herein.
4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
5. Admittedly, the victim is aged about 16 years as per the FIR and there is no proof contrary to record. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
6. 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. Therefore, the writ petition is dismissed. Order Date :- 28.2.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad