Neutral Citation No. - 2025:AHC:79078-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9134 of 2025 Petitioner :- Nakul Kumar and 5 Others Respondent :- State of U.P. and 2 Others Counsel for Petitioner :- Sanjay Ojha Counsel for Respondent :- G.A.,Zaid Arshad Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Sanjay Ojha, learned counsel for the petitioners, learned A.G.A, for the State respondent nos.1 and 2 and Sri Zaid Arshad, learned counsel for the respondent no.3 (informant). 2. The relief sought in this petition is for quashing of the impugned FIR dated 18.03.2025 registered as Case Crime No.58 of 2025 under Sections 420, 406, 467, 468, 471, 120B IPC, Police Station Fatehpur, District Saharanpur. 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 allegation, and as such, no offence is made out against the petitioner. 4. Shri G.P. Singh, learned AGA-I has opposed the prayer for quashing of the FIR, which discloses cognizable offence. He has further submitted that truthfulness of allegations and establishment of guilt take place, when the investigation is done or trial proceeds. Probability, reliability or genuineness cannot be looked under Art.226 of the Constitution. The FIR can only be quashed in a writ jurisdiction, if the FIR does not discloses commission of offence and that too prior to framing of charges. As such, it is submitted that no interfere is required in the matter. 5. 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 anticipatory bail/bail as permissible under law and in accordance with law. 7. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law. (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 14.5.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad