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2025 DAILYLAW 31705 (ALL)

RAVI PRAKASH RAI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/5153/2025 · 2025-04-07

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50693-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5153 of 2025 Petitioner :- Ravi Prakash Rai And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Singh,Sumati Rani Gupta Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Rajesh Kumar Sharma, learned counsel for the petitioner and learned AGA for the State. 2. This writ petition has been filed praying to quash the first information report dated 02.03.2025 registered in Case Crime No. 0041 of 2025, under Sections- 191(2), 115(2), 352, 351(1), 76, 333, 309 (4), 45, 324(4) of B.N.S., 2023, Police Station- Soraon, Ganganagar (Commissionerate Prayagraj),District- Prayagraj and not arrest the petitioners pursuant to the said FIR. 3. Submission of learned counsel for the petitioners is that the allegations has been levelled in the first information report are absolutely false. The respondent no.4 informant side was trying to encroach the land of the petitioners and the petitioners are the owners of the land through the registered sale-deed. It is further submitted that a civil dispute between the parties is pending and in respect of the same dispute, the petitioners side has also lodged an FIR dated 3.3.2025 registered as Case Crime No. 42 of 2025 at Police Station- Soraon, Ganganagar (Commissionerate Prayagraj), District- Prayagraj. It is next submitted that there is a cross FIR. 4. On perusal of the first information report, we find that several persons have suffered injuries on vital part as alleged and offence has been committed and the incident had taken place which is clear from the cross FIR registered by the petitioners admitting the aforesaid incident. 5. We, therefore, find that no good ground is made out to interfere in the impugned F.I.R. which clearly indicates that a cognizable offence has taken place. 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 :- 8.4.2025/Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad