Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 62143 (ALL)

SAPNA ARORA AND ANOTHER v. STATE OF UP AND 2 OTHERS

CRLP/10780/2025 · 2025-05-26

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:90592-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10780 of 2025 Petitioner :- Sapna Arora And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- Ajay Singh Yadav,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned counsel for the informant, the learned AGA and perused the impugned F.I.R. as well as material brought on record. 2. The relief sought in this petition is for quashing of the F.I.R, dated 23.3.2024 registered as Case Crime No.134 of 2024, under sections 420, 406, 467, 468, 471, 504, 506 IPC, at Police Station Noida Sector -49, District Gautam Budh Nagar and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR. 3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed. 4. Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence. He has further submitted that truthfulness of allegations and establishment of guilt take place, when the investigation is done or trial proceeds. Probability, reliability or genuineness cannot be looked under Art.226 of the Constitution. The FIR can only be quashed in a writ jurisdiction, if the FIR does not discloses commission of offence and that too prior to framing of charges. As such it is submitted that no interfere is required in the matter. 5. Correctness or otherwise of the F.I.R. allegation need not be examined by us, at this stage, inasmuch as all these issues can be determined at the stage of investigation/trial. Since the First Information Report, prima facie, discloses commissioning of cognizable offence, the prayer made to quash the First Information Report is, therefore, declined in view of the law laid down by the Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others 1992 Supp.(1) SCC 335; Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315, as also in latest judgment in Criminal Appeal No.843 of 2024 arising out of Special Leave Petition (Crl.) No.10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi and others) connected with Criminal Appeal No.844 of 2024. 6. The writ petition is disposed of 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. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 27.5.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad