Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62213-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7955 of 2025 Petitioner :- Divyanshu @ Beetu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Muktesh Kumar Singh,Prakarsh Saxena Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Prakarsh Saxena, learned counsel for the petitioner and Sri Pankaj Kumar, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 30.3.2025 registered as Case Crime No. 47 of 2025, under Sections 74, 351(2) of B.N.S. and Section 7 and 8 of POCSO Act and Section 67-A of IT Act, Police Station Khergarh, District Firozabad. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. At the very outset, learned A.G.A. submits that during course of investigation Section 64(1) of B.N.S. has been added and Section 7/8 of POCSO Act has been converted into Section 3/4 of POCSO Act, therefore, clearly a cognizable offence is made out.
4. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case and there was long standing relationship between the victim and the petitioner and present first information report has been lodged by the mother of the victim as she was not happy with the relationship of the petitioner with her daughter.
5. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and submits that the gravity of the offence has been increased on the basis of investigation conducted by the police.
6. 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.
7. Therefore, the writ petition is dismissed. Order Date :- 24.4.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad