Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 30615 (ALL)

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

CRLP/6530/2025 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50572-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6530 of 2025 Petitioner :- Suman And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Srivastava Counsel for Respondent :- Awadhesh Kumar Pandey,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents. 2. The relief sought in this petition is for quashing FIR dated 14.02.2025 registered as Case Crime No.58 of 2025 u/s 137(2) of BNS, P.S. Bisauli, District-Budaun. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. In the instant matter, an FIR has been lodged by respondent no.3/informant against five named accused persons including the present petitioners with an allegation that his sister aged about 16 years has been enticed away by accused Narendra along with cash ₹4,90,000/- and 4 tolas of gold and 1 kg of silver. Further allegation in the FIR is that Suman (petitioner no.1), Mahavir (petitioner no.2), Parsottam and Veerpal (petitioner no.3) have helped Narendra in commission of the alleged offence. 4. Learned counsel for the petitioners submitted that the petitioner has not committed any offence and they have been implicated. He submitted that the petitioners have no specific knowledge of whereabouts of the main accused Narendra, who is their neighbour, and they are not concerned with his family affairs and the petitioners have just been roped in the instant case, just to put pressure on the main accused. He submits that the petitioners are innocent person and allegations levelled against him are highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed. 5. Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence and also submitted that the girl/sister of informant is still missing. 6. Perusal of the impugned FIR, prima facie, reveals commission of cognizable offence. 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR. 7. 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 :- 8.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad