Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52753-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6175 of 2025 Petitioner :- Smt. Mansi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Rai Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioner, Ms. Smriti Gupta, Advocate holding brief of Sri Ramesh Kumar Shukla, learned counsel for the respondent no. 4, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 16.3.2025 giving rise to Case Crime No. 045 of 2025, under Sections 420, 406, 409, 467, 468, 471 IPC, Police Station-, District- Rampur. 3. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA for the State as well as learned counsel for the respondent no.4 has submitted that from the allegations made in the first information report, prima facie, offence, complained of, is clearly disclosed against the petitioner and as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the allegations made in the first information report and the relevant law cited by learned AGA for the State as well learned counsel for the
respondent no.4 and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore refused. 7. However, in case the petitioner files an application for anticipatory/regular bail before the trial court, his bail application be considered and disposed of as expeditiously as possible in accordance with law. 8.
With these observations, the instant writ petition is disposed of. Order Date :- 10.4.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad