Neutral Citation No. - 2025:AHC:75574-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9326 of 2025 Petitioner :- Praveen Kumar Dhama @ Sonu Respondent :- State Of Uttar Pradesh And 2 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 8.9.2024 registered as Case Crime No. 401 of 2024 under Sections 318(4), 316(5), 61(2) of B.N.S. and Section 66 of I.T. Act, 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 and the petitioner has been falsely implicated in the present case. It is next submitted that the remand was not given by the Magistrate under Sections 111(2), 111(3) and 111(4) of B.N.S. in respect of organized crime and on the basis of aforesaid the petitioner is entitled for relief. 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. It is further pointed out that the first information is of September, 2024 and a charge-sheet has been submitted against Nawab Khan @ Ravindra and investigation is pending against other co-accused persons. 5. On perusal of record we find that a cognizable offence is made out and fraud on public at large is being played. A bare reading of the first information report reflects that as many as 14 persons were named in the FIR and they have formed a group for committing such offences. 6. At this stage, learned counsel for the petitioner has placed reliance on the order of this Court dated 20.12.2024 passed in Criminal Misc. Writ Petition No. 23439 of 2024 (Israr Uddin vs. State of U.P. and others) noticing the fact that the first information report registered as Case Crime No. 401 of 2024, under Sections 318(4), 316(5), 61(2) of B.N.S. and Section 66 of I.T Act, therefore, benefit of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 was extended to the petitioner. 7. We further find that in Case Crime No. 264 of 2024, under Sections 420, 409, 120B IPC, Police Station Sector-63, District Gautam Buddha Nagar, which is under challenge in Criminal Misc. Writ Petition No. 9324 of 205 (Sonu Dhama @ Praveen Kumar Dhama vs. State of U.P. and others) has been been dismissed by this Court by order of this date in which non-bailable warrants have been issued against the petitioner. It is, therefore, clear that the present case also almost of similar allegations, where fraud on public is being played at a large scale. We find that a cognizable offence is made out against the petitioner and it is not a case of part quashing. 8. 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. 9. 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