JEETU PRASAD URF JEETU v. RAJYA UTTAR PRADESH AND 2 OTHERS
CRLP/6564/2025 · 2025-04-08
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36606 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51278-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6564 of 2025 Petitioner :- Jeetu Prasad Urf Jeetu Respondent :- Rajya Uttar Pradesh And 2 Others Counsel for Petitioner :- Shiv Sharan Tripathi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.
2. The relief sought in this petition is for quashing FIR dated 29.01.2025 registered as Case Crime No.27 of 2025 u/s 191(2), 191(3), 190, 121(2), 132, 125, 324(5), 326(G), 61(2), 109 of B.N.S. and Section 3 and 4 of Prevention of Damage to Public Property Act and Section 7 of Criminal Law (Amendment) Act, P.S.Rorawar, District-Aligarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submits that the petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed.
4. Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence.
5. Perusal of the impugned FIR, 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR.
6. Therefore, the writ petition is dismissed leaving it open for the
petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 9.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad