Neutral Citation No. - 2025:AHC:77043-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8414 of 2025 Petitioner :- Rajat Rajput Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar,Vinay Kumar Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed praying for the following reliefs: "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 16.3.2025, which is registered as Case Crime No. 0102 of 2025, under Sections 191(2), 191(3), 125, 115(2), 352, 109(1) B.N.S. and 7 Criminal Law Amendment Act, Police Station- Panki, District- Western (Commissionerate Kanpur Nagar) (Annexure No. 1 to this writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 and 3, not to arrest the petitioner in pursuance of first information report dated 16.3.2025, which is registered as Case Crime No. 0102 of 2025, under Sections 191(2), 191(3), 125, 115(2), 352, 109(1) B.N.S. and 7 Criminal Law Amendment Act, Police Station- Panki, District- Western (Commissionerate Kanpur Nagar). (iii) Issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice. (iv) Award the cost of this writ petition in favour of the petitioner." 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous 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. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019 and 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 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report. 6. 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 :- 12.5.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad