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2025 DAILYLAW 37315 (ALL)

SUSHIL HARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/6320/2025 · 2025-04-09

Nand Prabha Shukla, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:52865-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6320 of 2025 Petitioner :- Sushil Hari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Mishra,Shailendra Kumar Ojha Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 25.3.2025 giving rise to Case Crime No. 175 of 2025, under Sections 420, 406, 409 IPC, Police Station-Sikandra, District- Nagar (Commissionerate Agra). 3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioners 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 the learned counsel for the parties and taking into consideration the allegations made in the first information report and the relevant law cited by the learned AGA 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 petitioners files an application for anticipatory/regular bail before the trial court, their 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 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad