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2025 DAILYLAW 51629 (ALL)

KALLU v. STATE OF U.P. AND 2 OTHERS

CRLP/8592/2025 · 2025-05-07

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74877-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8592 of 2025 Petitioner :- Kallu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aqueel Ahmad,Kripa Shankar Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and Shri Paritosh Malviya, learned A.G.A-I for the State respondents. 2. The relief sought in this petition is for quashing of the impugned FIR dated 04.04.2025 registered as Case Crime No. 115 of 2025, under Section 2/3 U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Khaga, District Fatehpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 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. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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, 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 petitioner to apply before the competent court for bail in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 8.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad