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2025 DAILYLAW 54511 (ALL)

SONU DHAMA ALIAS PRAVEEN KUMAR DHAMA v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/9324/2025 · 2025-05-08

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75542-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9324 of 2025 Petitioner :- Sonu Dhama Alias Praveen Kumar Dhama Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Shravan Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri S.K. Singh, learned counsel for the petitioners and Sri Jai Narain, learned A.G.A.-I for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 20.6.2024 registered as Case Crime No. 264 of 2024 under Sections 420, 409, 506, 120B IPC, Police Station Sector-63, District Gautam Buddha Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that the petitioner is only 5% share-holder of the registered Company and he has committed no offence whatsoever. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He pointed out that the petitioner has criminal history as well not only in the State of U.P. but admittedly also in the State of Haryana under Sections 420, 406, 120B IPC. He further pointed out that non-bailable warrants have also been issued against the petitioner and he is absconding. 5. On perusal of record we find that a cognizable offence is made out and public fraud is being played at large scale. 6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad