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2025 DAILYLAW 26412 (ALL)

MANISH AND 4 OTHERS v. State of UP AND 3 OTHERS

CRLP/2642/2024 · 2025-04-24

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63936-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 2642 of 2024 Petitioner :- Manish And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Gayatri Shukla,Prayogendra Pal Singh Counsel for Respondent :- G.A.,Jai Prakash Singh,Sangeeta Singh Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 8.2.2024 registered as Case Crime No. 7 of 2024, under Sections 498-A, 323, 325, 354, 377, 504, 506 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, Police Station - Mahila Thana, District - Moradabad, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report. 2. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated. 3. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. 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 leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 25.4.2025 PK (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad