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2025 DAILYLAW 48770 (ALL)

JITENDRA AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/8166/2025 · 2025-04-27

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65486-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8166 of 2025 Petitioner :- Jitendra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhijeet Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners 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 24.11.2024 registered as Case Crime No.280 of 2024 under Sections 191(2), 109(1), 115(2), 352, 333 BNS 2023 at Police Station Bariyarpur, District Deoria. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He submits that against co-accused Kalawati Devi, Shyam and Krishna (juvenile) chargesheet has been submitted and qua petitioners investigation is going-on. 4. 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. 5. Therefore, the writ petition is disposed of leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 28.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad