LAXMI KANT SHARMA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/5285/2025 · 2025-04-27
Madan Pal Singh, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 31950 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 31950 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65475-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5285 of 2025 Petitioner :- Laxmi Kant Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Mr. Hitesh Pachori, learned counsel for the petitioners, Mr. Manish Kumar Pandey, learned counsel for respondent no.4 and the learned A.G.A. for the State-respondents.
2. This writ petition has been filed for quashing the impugned First Information Report dated 29th May, 2024 registered as Case Crime No. 0096 of 2024, under Sections 420, 467, 468, 471 and 120-B of I.P.C., Police Station-Fatehabad, District-Agra and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
3. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
4. 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.
5. 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 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. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 28.4.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad