SATISH KUMAR TIWARI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/9887/2025 · 2025-05-15
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58597 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81529-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9887 of 2025 Petitioner :- Satish Kumar Tiwari And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Srivastava Counsel for Respondent :- G.A.,Vinod Kumar Pandey Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Mr. Rajeev Kumar Srivastava, learned counsel for the petitioners, learned A.G.A. for the State-respondents and Mr. Mohit Singh, Advocate who has put in appearance on behalf of respondent no.4 by filing his vakalatnama in Court today which is taken on record.
2. This writ petition has been filed for quashing the impugned First Information Report dated 27th April, 2025 registered as Case Crime No. 0070 of 2025, under Sections 191 (2), 333, 115 (2), 352, 351 (3) and 140 (4) of B.N.S., 2023, Police Station-Manda, District Prayagraj and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
3. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
4. Per contra, learned counsel for respondent no. 4 and the learned A.G.A. submit that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report.
5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
6. 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 leaving it open for
the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. (Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 16.5.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad