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2025 DAILYLAW 39419 (ALL)

VIKRAM v. STATE OF U.P. AND 3 OTHERS

CRLP/7247/2025 · 2025-04-15

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55531-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7247 of 2025 Petitioner :- Vikram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajan,Subhas Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Subhash Kumar, learned counsel for the petitioner and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 20.3.2025 registered as Case Crime No. 34 of 2025 under Sections 191(2), 115(2), 352, 333 of B.N.S., Police Station Kaudhiyara, District Yamunanagar (Commissionerate Prayagraj). Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that the present has been falsely implicated in the present case because of last village panchayat elections, wherein the petitioner had contested the election of Village Pradhan. It is next submitted that the petitioner was not at all involved in the present case. 4. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and on instructions submitted that during course of investigation Section 119(2) of B.N.S. has been added and serious injuries were caused in the incident. 5. 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. 6. Therefore, the writ petition is dismissed. Order Date :- 16.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad