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Neutral Citation No. - 2025:AHC:74541-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9275 of 2025 Petitioner :- Brijesh Yadav Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Harendra Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Harendra Prasad Yadav, learned counsel for the petitioner and learned A.G.A. for the State.
2. This writ petition has been filed for quashing the impugned First Information Report dated 21.03.2025 registered as Case Crime No.0145 of 2025, under Section 303(2) B.N.S., P.S. Kotwali, District Azamgarh. 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 impugned FIR has been lodged after a delay of about 15 days merely on the basis of suspicion against the petitioner and no offence has been made out against him as alleged in the impugned FIR.
4. Learned A.G.A. for the State points out that the petitioner has criminal history of two cases.
5. We find that the first information report has been lodged by the Clerk (Criminal Side) in the office of Additional Chief Judicial Magistrate, Court No.11 after the matter was reported to the learned District Judge and on the basis of administrative order of the learned District Judge dated 20.03.2025.
6. Learned counsel for the petitioner could not dispute the fact that the petitioner is the direct beneficiary in case the file goes missing.
7. We, therefore, find that a court record is missing and we do not find any good ground to interfere in the impugned FIR. A cognizable offence is made out against the petitioner.
8. The writ petition being devoid of merit and is, accordingly, dismissed. Order Date :- 8.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad