Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10160 of 2025 Petitioner :- Kamendra @ Kamendra Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babul Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri B.K. Sharma, learned counsel for the petitioners and Sri Anuj Kumar, learned AGA for the State. 2. Present writ petition has been filed with the prayer to quash the first information report dated 16.2.2025 registered as Case Crime No. 38 of 2025 under section 333, 126(2), 74, 115(2), 352 BNS, P.S. Chirgaon, District Jhansi. Further prayer has been made not to arrest the petitioners in aforementioned case. 3. Learned counsel for the petitioner submitted that no offence is made out against the petitioner and same informant has allegedly repeated the first information report against the petitioner himself although all the offences are punishable upto seven years. 4. Per contra, Learned AGA for the State pointed out that petitioner has criminal history of eight cases apart from the present case running from the year 2014. He has also been issued notice under section 35(3) BNSS and as per his instructions although the investigation is over and report has been sent for legal opinion and only thereafter the same shall be forwarded. 5. Accordingly, we find that petitioner is a habitual offender. A bare glance over the first information report reflects the 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. The instant petition stands dismissed. Order Date :- 19.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad