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2025 DAILYLAW 39665 (ALL)

DHEERENDRA SINGH ALIAS DHIRENDRA v. STATE OF UP AND 3 OTHERS

CRLP/6840/2025 · 2025-04-09

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52544-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6840 of 2025 Petitioner :- Dheerendra Singh Alias Dhirendra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Tahir Ali Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. No one is present on behalf of the petitioner even in the revised call of fresh cases. 2. The relief sought in this petition is for quashing of the F.I.R. dated 1.2.2025, registered as Case Crime No. 14 of 2025, under Sections 137(2), 61(2), 74 BNS and 7, 8 POCSO Act, Police Station Kishanpur, District Fatehpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. On instructions, he submits that in her statement recorded under Section 183 BNSS, the victim has supported the prosecution version as narrated in the first information report. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. 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 :- 10.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad