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2025 DAILYLAW 34831 (ALL)

ROOBI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/6004/2025 · 2025-04-06

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49338-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6004 of 2025 Petitioner :- Roobi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Karunesh Pratap Singh, learned counsel for the petitioners and Sri Jai Narayan, learned A.G.A for the State respondents and Sri Mukesh Kumar Pandey, holding brief of Sri Arvind Yadav, learned counsel for the informant. 2. The relief sought in this petition is for quashing of the F.I.R. dated 25.12.2024, registered as Case Crime No. 435 of 2024, under Sections 340(2), 318(4), 316(2), 338, 336(3), 351(2), 352 BNS, Police Station Paniyara, District Maharajganj. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Vide order dated 1.4.2025 learned AGA was granted time to seek instructions in the matter. On instructions, he submits that one co-accused Ajeet Singh has criminal history of one case of similar nature. 4. Learned counsel for the informant states that large number of first information reports have been lodged against the co- accused Deepak Dua and Ajeet Singh not in the State of UP but in the State of Punjab as well. He has placed before us photocopy of first information report dated 4.10.2017, registered as Case Crime No. 0202 of 2017, under Sections 174A, IPC lodged in District Tarn Taran (Punjab) to indicate that the co-accused Ajeet Singh is facing proceedings under Section 82 and 83 CrPC. He has also placed photocopy of the first information report dated 20.7.2023, registered as Case Crime No. 0231 of 2023, under Sections 420 and 406 IPC wherein also co-accused Deepak Dua and Ajeet Singh are also accused and the allegations are of similar nature that money was taken to secure government job. Another photocopy of the first information report dated 13.4.2024, registered as Case Crime No. 0149 of 2024, under Sections 419, 420, 467, 468, 471, 406, 323, 506 IPC has been produced before us wherein also co-accused Ajeet Singh and Deepak Dua are also co-accused and reference has also been to the petitioner no. 1-Roobi herein and in that also allegation was that money was taken to secure the government job. It was also pointed out that the plots/land is being consistently purchased in the name of the petitioner no. 1-Roobi herein at different places and profession/nature of job of the petitioner no. 1-Roobi has not been disclosed. Submission, therefore, is that cognizable offence is made out against the petitioners herein and matter needs investigation. 5. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 6. We have gone through the documents carefully and on a reading of the first information report impugned herein we find that specific allegations have been made against the petitioners herein. We further find that in the background of the case as projected before us it appears that offence are being committed in an organized manner and it requires investigation including interrogation of the petitioners. 7. 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. 8. Therefore, the writ petition is dismissed. 9. Learned AGA is directed to send a copy of this order to the officers concerned positively within a week through the Senior Superintendent of Police/Superintendent of Police of District Maharajganj. Order Date :- 7.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad