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2025 DAILYLAW 26893 (ALL)

NAUSHAD v. STATE OF U.P. AND 2 OTHERS

CRLP/4644/2025 · 2025-04-15

Siddhartha Varma, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55746-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 4644 of 2025 Petitioner :- Naushad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A.,Sangam Lal Kesharwani Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 24.02.2025 registered as Case Crime No. 76 of 2025, under Section 69 B.N.S., Section 3/4 D.P. Act and Section 67 I.T. Act, Police Station Swar, District - Rampur, 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 counsel for the informant and learned A.G.A. submit 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 petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 16.4.2025 sailesh (Vipin Chandra Dixit, J.) (Siddhartha Varma, J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad