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Neutral Citation No. - 2025:AHC:68561-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8596 of 2025 Petitioner :- Ravi Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Shri Tej Om Prakash Gupta, Advocate holding brief of Shri Atul Kumar Singh, learned counsel for the petitioners and learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.03.2025 registered as Case Crime No. 55 of 2025, under Sections 191(2), 82(1), 109, 115(2) of B.N.S., P.S. Avagarh, District Etah, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated and there is no injury and no offence under Section 109 B.N.S. has been made out against the petitioners. Admittedly, the petitioner no.1 and the informant are husband and wife and they are having two girls aged about 8 years and 6 years and there are no details of any offence having been committed except the date as referred in the impugned F.IR.
4. Per contra, learned A.G.A. pointed out that in the present case, the informant has suffered six injuries, including injuries on her neck.
5. We find substance in the arguments of learned AGA. 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. Order Date :- 1.5.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad