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2025 DAILYLAW 49261 (ALL)

ANOOP KUMAR MISHRA v. STATE OF U.P. AND 3 OTHERS

CRLP/8219/2025 · 2025-04-27

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64830-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8219 of 2025 Petitioner :- Anoop Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Shri Rakesh Yadav, learned counsel for the petitioner and Shri Rahul Asthana, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 13.04.2025, registered as Case Crime No. 0161 of 2025, under Sections 419, 420, 467, 468, 471 IPC and Section 12(1) Passports Act, 1967, Police Station Gorakhnath, District Gorakhpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner has surrendered all the passports and subsequently applied for issuance of another passport as he use to live in Bangkok (Thailand) for earning and livelihood to his family members. On account of surrender of the passport, petitioner applied for issuance of another fresh passport to visit in Bangkok (Thailand) on call of agent for doing work of labour and that he has never taken advantage of another passport or is not engage in any immoral activities. 4. From perusal of the record, we find that the petitioner has got issued four passports, two passports are with the same parentage, date of birth and address whereas the third and fourth passports, mother's name and the date of birth have been differently given as well as in the fourth passport also the date of birth and the address has been given differently and the address given in the third and fourth passport are different. Therefore, out of four passport, three addresses have given and three date of births have been given. 5. We find that in the first information report itself it is mentioned that petitioner is accused in Case Crime No.161 of 2025, under Sections 419, 420, 467, 468, 471 IPC and Section 12(1) Passports Act, 1967, Police Station Gorakhnath, District Gorakhpur. We, therefore, find that a cognizable offence is made out against the petitioner. 6. 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 :- 28.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad