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2025 DAILYLAW 44823 (ALL)

KANHAIYA RAJBHAR v. STATE OF U.P. & 3 OTHERS

CRLP/7517/2025 · 2025-04-23

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64365-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7517 of 2025 Petitioner :- Kanhaiya Rajbhar Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Ram Yash Chauhan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,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 of the F.I.R. dated 7.4.2025 registered as Case Crime No. 0043 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2) of BNS, 2023, P.S. - Bhudkuda, District- Ghazipur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/malicious allegations and no offences are made out against the petitioner. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 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 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 :- 24.4.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad