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2025 DAILYLAW 55269 (ALL)

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

CRLP/9281/2025 · 2025-05-07

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74519-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9281 of 2025 Petitioner :- Sachin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brahma Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Brahma Kumar Tiwari, learned counsel for the petitioner and Sri S.S.R. Dwivedi, learned AGA for the State. 2. Present writ petition has been filed for quashing the impugned first information report dated 24.4.2025 registered as Case Crime No. 132 of 2025, under Section 123, 65(1), 77, 351(3) BNS and 3/4 POCSO Act, P.S. Kotwali Nagar, District Muzaffar Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the present case. 4. Perusal of the record we find that the victim is aged about 14-15 years and is student of class 9th. She was being physically exploited for last six months by the petitioner herein. We find that cognizable offence is made out. 5. 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. The instant petition stands dismissed. Order Date :- 8.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad