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2025 DAILYLAW 49876 (ALL)

AJAY GUPTA v. STATE OF U.P. AND 2 OTHERS

CRLP/8453/2025 · 2025-04-29

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67991-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8453 of 2025 Petitioner :- Ajay Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. A prayer for adjournment has been made on behalf of the the learned counsel for the petitioner Sri Monu Upadhyay. 2. Sri Rahul Ashthana, learned AGA for the State submitted that a bare reading of the first information report discloses heinous offence and warrants no interference, we therefore refused to adjourn the matter. 3. Present writ petition has been filed for quashing the impugned FIR dated 9.4.2025 in Case Crime No. 118 of 2025 under section 103(1), 238, 3(5) of the B.N.S., P.S. Kalan, District Shahjahanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 4. Perusal of the first information report clearly reflects that the husband of the first informant was murdered and attempt was being made to destroy the evidence by dumping his body in a dig which was seen by eye witness, we therefore find that heinous offence is reflected from the first information report and no interference is warranted in the present case. The post martem annexed with the petition also reflects several injuries on the body of the deceased, hence, cognizable offence is made out against the petitioner. 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. The instant petition stands dismissed. Order Date :- 30.4.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad