Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33569 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:50807-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5774 of 2025 Petitioner :- Kusum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Srivastava,Rajeev Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Shri Pradeep Kumar Srivastava, learned counsel for the petitioner and Shri Pankaj Kumar, learned AGA for the State.
2. The writ petition has been filed praying for quashing the F.I.R. dated 21.01.2025 giving rise to Case Crime No. 0019 of 2025, under Section 109 of B.N.S. at Police Station- Dhoomanganj, District- Prayagraj.
3. The instructions dated 08.04.2025, so received by the learned AGA are taken on record.
4. According to instructions, injured Shiva, was admitted in Swaroop Rani Nehru, Hospital, Prayagraj (hereinafter referred to as 'S.R.N. Hospital') and as per the record of the hospital, the injured was referred to that hospital from Narayan Swaroop Hospital, Dhoomanganj, Prayagraj. However, Narayan Swaroop Hospital has informed that no person of the aforesaid name had come to the Hospital on 08.01.2025. The fact, however, remains that the injuries have been suffered and the injured has received treatment in S.R.N. Hospital, therefore, it is clear that the alleged incident had taken place and injuries were sustained by the injured.
5. Perusal of the impugned first information report 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.3262/2021 (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. The writ petition is, accordingly, dismissed. Order Date :- 8.4.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad