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Neutral Citation No. - 2025:AHC:89884-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10861 of 2025 Petitioner :- Raju @ Shahid Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Muqeem Ansari,Mohd. Mobin Ansari Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Mohd. Muqeem Ansari, learned counsel for the petitioners and Sri Pankaj Kumar, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 1.4.2025 registered as Case Crime No. 115 of 2025 under Sections 318(2), 335, 336(2), 338, 339, 340, 316(2), 352 B.N.S. and Section 3(1) DA, 3 (1) DHA of SC/ST Act, Police Station Aurai, District Bhadohi. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of learned counsel for the petitioner is that no amount was transferred in the bank account of the petitioner herein and because of previous rivalry between the co-accused Mohd. Khalid and the informant-respondent no. 4 the petitioner has been falsely implicated in the present case by filing application under Section 175(3) of B.N.S.S.
4. Per contra, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and pointed out that according to the allegations made in the first information report both the accused are real brother and amount was transferred in the bank account of Mohd. Khalid and some amount in cash was paid to the petitioner herein and even forged Visa and forged tickets were supplied to the informant.
5. 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.
6. Therefore, the writ petition is dismissed. Order Date :- 27.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad