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Neutral Citation No. - 2025:AHC:85315-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10341 of 2025 Petitioner :- Adam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Ajay Kumar Shukla, learned counsel for the petitioner and Shri Rahul Asthana, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 03.04.2025, registered as Case Crime No. 0210/2025, under Sections 109 BNS, 2023, Police Station Civil Lines, District Aligarh. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of the learned counsel for the petitioner is that it is a case of no injury and as such no offence as alleged is made out. It is further submitted that the informant is repeatedly trying to implicate the petitioner in criminal cases especially under section 109 BNS by lodging the first information report either by himself or through his relatives.
4. Learned AGA opposed the prayer for quashing of the FIR and submits that one accused Asad who is although not named in the first information report has already been arrested in the present case as such a cognizable offence is made out.
5. We find that the arguments so raised by the learned counsel for the petitioner are nothing but the defence of the petitioner, which cannot be considered for the purpose of the quashing of the impugned FIR.
6. Perusal of the impugned first information report 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.
7. The writ petition is accordingly dismissed. Order Date :- 21.5.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad