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2025 DAILYLAW 25450 (ALL)

YOGENDRA ALIAS JOGENDRA RANA v. STATE OF U.P. AND 3 OTHERS

CRLP/4101/2025 · 2025-03-09

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34509-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4101 of 2025 Petitioner :- Yogendra Alias Jogendra Rana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kishore Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, learned counsel for the respondent 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 20.02.2025, registered as Case Crime No. 0001 of 2025, under Sections- 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, Police Station- Anti Human Traffiking Unit, District- Meerut, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. On 05.03.2025, the following order was passed in the absence of rebuttal :- "1. Heard learned counsel for the petitioner and learned A.G.A. for the State. Supplementary affidavit filed today is taken on record. 2. This writ petition has been filed praying for the following reliefs: "A. Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 20.02.2025 registered at Case Crime No. 0001/2025, Under Sections 3, 4, 5 & 7 of The Immoral Traffic (Prevention) Act, 1956, Police Station Anti Human Trafficking Unit, District Meerut and its consequent proceedings." 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged by informant-respondent no. 4 against the petitioner with absolutely false, concocted, vague, and sweeping allegations. Apart from the bald allegations made in the FIR, there is no credible evidence whatsoever indicating the petitioner's complicity in the alleged offence, making the FIR liable to be quashed. A perusal of the FIR reveals that although the petitioner has been named as an accused, there is no specific allegation against him, except for a statement by Arjun Singh, who allegedly ran a brothel in the hotel, claiming that he had taken the hotel on rent from the petitioner. The petitioner is merely the owner of a 250 sq. yard hotel located at Khasra No. 365, Village Rampur Pavti, Pargana, Tehsil, and District Meerut, which was rented out to Arjun Singh through a duly notarized rent deed executed on 25.12.2024. The entire allegations against the petitioner are false and misconceived, as he has been falsely implicated without any iota of evidence. The claim of the petitioner's involvement is driven by malafide intentions and ulterior motives, especially when the individual operating the brothel has admitted to having rented the hotel. Considering the facts and circumstances, no offence is made out against the petitioner. 4. Learned AGA states that the instructions are still awaited. On his request, the matter is adjourned. 5. Put up this matter again as fresh on 10.03.2025. 6. Meanwhile, the petitioner shall not be arrested pursuant to the impugned FIR. " 4. Despite time granted to the learned A.G.A to obtain instructions by the order dated 05.03.2025 no instruction has been received. 5. Petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 20.02.2025, registered as Case Crime No. 0001 of 2025, under Sections- 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, Police Station- Anti Human Traffiking Unit, District- Meerut, subject to cooperation in ongoing investigation. 6. In case, the accused persons do not cooperate with the investigation, the investigating officer shall be at liberty to file a recall application for recalling this order before this court. Order Date :- 10.3.2025 Rohit (Praveen Kumar Giri, J.) (Siddharth, J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad