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Neutral Citation No. - 2025:AHC:75964-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9325 of 2025 Petitioner :- Rajesh Goswami Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saroj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Saraj Kumar Tripathi, learned counsel for the petitioner and Sri Pankaj Kumar, learned AGA for the State.
2. The present writ petition has been filed with the prayer to quash the first information report 25.2.2025 registered as Case Crime No. 66 of 2025, under sections 115(2), 352, 351(2), 110, 61(2) BNS, PS Alinagar, District Chandauli. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of the learned counsel for the petitioner is that petitioner has falsely been implicated and all the offences are punishable upto seven years.
4. Learned AGA pointed out that charge sheet has been forwarded on 21.4.2025 against all other co-accused persons. The present petitioner and co-accused Dhananjay Dwivedi are absconding even though they have been served with the notice under section 35(3) BNSS.
5. A mere glance of the first information report reflects commission of the cognizable offence wherein charge sheet forwarded and submitted against co-accused persons and the petitioner is absconding and not co-operating in the investigation in spite of notice has been served under section 35(3) BNSS.
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 :- 9.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad