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Neutral Citation No. - 2025:AHC:103274-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13849 of 2025 Petitioner :- Dhiraj Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Alok Kumar,Manoj Yadav,Rahul Yadav Counsel for Respondent :- Ashish Pandey,G.A.,Gorakh Nath Shukla Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the petitioner, learned AGA for the State-respondents and Sri Gorakh Nath Shukla, learned counsel for informant.
3. This writ petition has been filed for quashing the impugned First Information Report dated 28.5.2025 registered as Case Crime No.0228 of 2025, under Sections 137(2), 143(3), 87 of BNS-2023 and Section 3(2)(v) of SC/ST Act, at Police Station Kokhraj, District Kaushambi, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
4. Submission of the learned counsel for the petitioner is that the petitioners have been falsely implicated.
5. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report.
6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
7. 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.
8. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 3.7.2025 Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad