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2025 DAILYLAW 57634 (ALL)

SURENDRA SINGH @ SUNDAR v. STATE OF U.P. AND 3 OTHERS

CRLP/9729/2025 · 2025-05-14

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80821-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9729 of 2025 Petitioner :- Surendra Singh @ Sundar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- G.A.,Ramesh Chandra Pal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Shri Rajesh Kumar, learned counsel for the petitioner, Ms. Divya Ojha, learned A.G.A.-I for the State respondents and Shri Pramit Kumar, Advocate holding brief of learned counsel for the informant. 2. The relief sought in this petition is for quashing of the F.I.R. dated 09.02.2025 registered as Case Crime No.55 of 2025 under Sections 420, 406, 467, 468, 323, 504, 506 IPC at Police Station Murad Nagar, District Ghaziabad. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Learned AGA-I raised in objection qua maintainability of the instant writ petition. While pressing the Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.3170 of 2025 (Surendra Singh @ Sundar vs. State of U.P. and others), wherein, the counsel for the applicant has withdrawn the Anticipatory Bail Application with liberty to the applicant to surrender and apply for regular bail. In this backdrop, learned Single Judge has dismissed the application. She submits that the instant proceeding is misuse of process of law, as inspite of undertaking given before learned Single Judge, the present writ petition is preferred, which is liable to be dismissed with exemplary cost. 4. In this backdrop, we have proceeded to examine the record and peruse the order dated 01.05.2025 passed by learned Single Judge. For ready reference, the order dated 01.05.2025 is reproduced here-in-under:- "Sri Ramesh Chandra Pal, Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record. The present bail application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 55 of 2025, under Sections 420, 406, 467, 468, 323, 504, 506 I.P.C., Police Station Muradnagar, District- Ghaziabad. After arguing the matter at some length, Sri Atul Srivastava, counsel for the applicant prays for withdrawal of the present application with liberty to the applicant to surrender and apply for regular bail. In view of the above, the instant application is dismissed as withdrawn with liberty as prayed for. Learned AGA for the State is present." 5. The arguments advanced by learned A.G.A.-I appears to have substance, as admittedly there is undertaking is given by the petitioner before the learned Single Judge while passing the order dated 01.05.2025. We have also carefully perused the FIR, which 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. 6. Therefore, the writ petition is disposed of leaving it open for the petitioner to avail the remedy as available in law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 15.5.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad