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2025 DAILYLAW 42214 (ALL)

DURGAWATI v. STATE OF UP AND 3 OTHERS

CRLP/7130/2025 · 2025-04-15

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55391-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7130 of 2025 Petitioner :- Durgawati Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents. 2. The relief sought in this petition is for quashing FIR dated 28.03.2025 registered as Case Crime No.105 of 2025 u/s 85, 80(2) of BNS and Section 3/4 D.P. Act, P.S.Atraulia, District-Azamgarh. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submits that the petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed. 4. Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. Perusal of the impugned FIR, 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR. 6. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 16.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad