Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41099 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54507-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7096 of 2025 Petitioner :- Devendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Pandey,Saurabh Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J.
1. Heard Sri Jalaj Tripathi holding brief of Sri Saurabh Tripathi, learned counsel for the petitioner and Sri Anuj Kumar Mishra, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 15.3.2025 registered as Case Crime No. 47 of 2025 under Sections 109(1) of B.N.S., Police Station Shamshabad, District Farrukhabad. 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 criminal prosecution is nothing but a counterblast to the criminal prosecution filed by Sushila Devi by filing an application under Section 175(3) of B.N.S.S., which was treated as a complaint case by the Judicial Magistrate, Sadar, Farrukhabad and that no such incident had taken place and there is no injury in the present case.
4. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and on instructions submits that there are bullet injuries and there is ballistic report as well.
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 :- 15.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad