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2025 DAILYLAW 50301 (ALL)

VINAY @ VINAY THAKUR v. STATE OF U.P. AND 3 OTHERS

CRLP/9302/2025 · 2025-05-07

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74873-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9302 of 2025 Petitioner :- Vinay @ Vinay Thakur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Nirankari,Ranjeet Sonker,Sanjay Counsel for Respondent :- Dewarshi Kumar Rai,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner and the learned A.G.A. for the State-respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 4.3.2025 registered as Case Crime No. 0051 of 2025, under Sections- 115(2), 109 of B.N.S. 2023, Police Station Phaphamau, District- Prayagraj and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 4. Per contra, learned A.G.A. submits that the injured has sustained two injuries, wherein one gun shot injury on the left shoulder have also been found by the doctors and both the injuries are serious in nature. Therefore, a cognizable offence has been made out. As such, no interference is warranted in the impugned first information report. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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 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 :- 8.5.2025 Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad