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2025 DAILYLAW 64882 (ALL)

SAURABH v. STATE OF U.P. AND 2 OTHERS

CRLP/11326/2025 · 2025-05-29

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:93829-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11326 of 2025 Petitioner :- Saurabh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Narayan,Chandrakant Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Abhishek Narayan, learned counsel for the petitioner and Sri Rahul Asthana, learned A.G.A. for the State. 2. Present writ petition has been preferred for quashing the F.I.R. dated 19.04.2025 registered as Case Crime No.-66 of 2025 under Sections 87, 61(2) of B.N.S., 2023, P.S.-Narahat, Distt.-Lalitpur. 3. Learned counsel for the petitioners submitted that maternal uncle of the petitioner Sri Ram has filed an application before the Senior Superintendent of Police that his minor maternal nephew has been taken away be the informant side. This application is annexed as Annexure-2 to the petition and is of 18.04.2025. 4. Per contra, learned A.G.A. on instructions pointed out that the girl is still missing. Cognizable offence is made out and whatever is being argued is nothing but defence of the petitioner, which cannot be considered for the purpose of quashing of F.I.R. 5. We find that the present first information report is in respect of incident dated 15.04.2025 and was filed on 19.04.2025. 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. Therefore, the writ petition is dismissed. Order Date :- 30.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad