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Neutral Citation No. - 2025:AHC:65090-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8249 of 2025 Petitioner :- Golu Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashvanee Kumar Srivastav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. This writ petition has been filed for quashing the impugned First Information Report dated 5th February, 2025 registered as Case Crime No. 0043 of 2025, under Sections 3 (1) (Da), 3 (1) (Dha), 3 (2) (V) of S.C./S.T. Act, Sections 191 (2), 352, 115 (2), 110, 309 (6) and 324 (2) of B.N.S. Act, Police Station Gorakhnath, District Gorakhpur and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
2. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
3. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report.
4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
5. 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 28.4.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad