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Neutral Citation No. - 2025:AHC:89960-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10853 of 2025 Petitioner :- Dhirendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Geetam Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Geetam Singh, learned counsel for the petitioner and Sri Pankaj Kumar, learned AGA for the State.
2. Present writ petition has been filed with the prayer to quash the first information report dated 19.2.2025 registered as Case Crime No. 132 of 2025, under Section 319(2), 318(4), 338, 336(3), 340(2), 61(2) BNS, P.S. Sahawar, District Kasganj. Further prayer has been made not to arrest the petitioner in aforementioned case.
3. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the present case.
4. Learned AGA for the State pointed out that against four co- accused, namely, Bablu@Ramesh, Ashok, Somveer and Rakhi@Raji, charge sheet no. 212 of 2025 has been forwarded on 9.5.2025 in the present case whereas proceedings under section 84 BNS have been initiated against co-accused Banti, Ravindra and petitioner Dheerendra Singh, therefore, it is clear that petitioner is absconding and there can be no part quashing of the first information report. We find no substance in the argument raised by
learned counsel for the petitioner.
5. A bare glace of the first information report reflects cognizable offence. As common allegation have been levelled against the petitioner indicating involvement of all the other accused persons, there can be no part quashing of the charge sheet.
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 :- 27.5.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad