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Neutral Citation No. - 2025:AHC:73144-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9147 of 2025 Petitioner :- Ankit And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajendra Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Rajendra Kumar Srivastava, learned counsel for the petitioners and Sri Jai Narain, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 5.4.2025 registered as Case Crime No. 63 of 2025 under Sections 70(1), 324(4) of B.N.S., Police Station Eka, District Firozabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. By drawing attention to the first information report dated 8.1.2025 registered as Case Crime No. 6 of 2025, under Section 87 of B.N.S. submission of learned counsel for the petitioners is that in the aforesaid case the statement of the victim under Section 180/183 of B.N.S.S. were recorded and final report no. 2 of 2025 was forwarded on 12.1.2025 and cognizance whereof has been taken by the competent court on 21.3.2025. It is next submitted that infact the petitioner no. 2-Mohan had already married the informant-Varsha in Arya Samaj Mandir, Dadri, Gautam Budh Nagar, therefore, no cognizable offence is made out against the petitioners. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. We find that the present first information report has been lodged on 5.4.2025 under Section 70(1) and 324(4) of B.N.S. by filing application under Section 173(4) of B.N.S.S. dated 11.2.2025, therefore, it is clear that the application under Section 173(4) of B.N.S.S. was filed on 11.2.2025 much before the acceptance of the final report by the competent court on 21.3.2025 and in the present impugned first information report the subsequent events have been
narrated and specific allegations have been levelled against both the petitioners. 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 :- 7.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad