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2025 DAILYLAW 69218 (ALL)

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

CRLP/13868/2025 · 2025-07-02

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103937-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13868 of 2025 Petitioner :- Faizan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Abid Ali Counsel for Respondent :- Basharat Ali Khan,G.A.,S A Husain Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Counter affidavit filed today is kept on record. 2. This writ petition has been filed for quashing the impugned First Information Report dated 23.4.2025 registered as Case Crime No. 0202 of 2025, under Sections 109, 191(2), 127(2), 351(2), 352, 333 of BNS, Police Station Qila, District Bareilly. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 4. 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. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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. 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 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad