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2025 DAILYLAW 25228 (ALL)

VISHNU YADAV AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/4075/2025 · 2025-05-15

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:81576-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4075 of 2025 Petitioner :- Vishnu Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the parties. 2. The petitioners, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 13.02.2025 registered as Case Crime No.84 of 2025 under Section 85, 115(2), 74, 352, 351(2) of BNS, 2023 and Section 3/4 of D.P. Act, P.S. Firozabad North, District-Firozabad. 3. The matter was taken up on 04.03.2025 and a coordinate Bench of this Court had proceeded to refer the matter to the Mediation Centre. 4. The Registrar (Mediation)/Incharge, AHCMCC has submitted a report on 09.05.2025 with caption "The parties not will for the Mediation." 5. We have the occasion to peruse the record. From a perusal of the First Information Report, we find that prima facie allegation with regard to commissioning of cognizable offence is disclosed. 6. Correctness or otherwise of the F.I.R. allegation need not be examined by us, at this stage, inasmuch as all these issues can be determined at the stage of investigation/trial. Since the First Information Report, prima facie, discloses commissioning of cognizable offence, the prayer made to quash the First Information Report is, therefore, declined in view of the law laid down by the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others 1992 Supp.(1) SCC 335; Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315, as also in latest judgment in Criminal Appeal No.843 of 2024 arising out of Special Leave Petition (Crl.) No.10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi and others) connected with Criminal Appeal No.844 of 2024. 7. Writ petition, accordingly, is dismissed leaving it open for the petitioners to avail the remedy as permissible under law and in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 16.5.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad