Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30668 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30668 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39137-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5106 of 2025 Petitioner :- Vikramjeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri Dheeraj Kumar Singh, learned counsel for the petitioner and Sri Jai Narayan, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 25.2.2025, registered as Case Crime No. 0053 of 2025, under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Amaria, District Pilibhit. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the alleged incident is of the year 2023 and present FIR has been filed after huge delay of 16 months. It is further submitted that there was an agreement between Shamsher Singh (co-accused) and the informant for study visa on payment of Rs. 14,00,000/- and whatever amount was paid was given to co-accused Shamsher Singh only and UK Visas and immigration etc. was refused by the authority concerned. It is submitted that the petitioner has been falsely implicated and no amount has been paid in the bank account of the petitioner herein. It is further submitted that the petitioner is not a party to the agreement entered into between co- accused Shamsher Singh and the informant. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. We find that as per the allegation both the accused persons are engaged in the business/profession of sending people to England and admitted case of the petitioner is that some agreement was entered into between co-accused and the informant. Allegation is that a sum of Rs. 1,00,000/- was paid in the bank account of the petitioner and other transactions were also made and fake interview was conducted and forged marks-sheet and certificates were also prepared for this purpose. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. 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. 7. Therefore, the writ petition is dismissed. Order Date :- 19.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad