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2025 DAILYLAW 38418 (ALL)

ANUJ SHARMA @ ARJUN SHARMA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/6754/2025 · 2025-04-09

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53327-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6754 of 2025 Petitioner :- Anuj Sharma @ Arjun Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 24.03.2025 registered as Case Crime No.139 of 2025 under Sections 317(2), 317(3), 318(1), 338, 336(1), 340(1), 61(1) BNS 2023 at Police Station Hathras Gate, District Hathras. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 4. 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. 5. Therefore, the writ petition is disposed of leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 10.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad