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2025 DAILYLAW 7215 (ALL)

ANUJ KUMAR AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/474/2025 · 2025-01-15

Rajiv Gupta, Vinod Diwakar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:6645-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 474 of 2025 Petitioner :- Anuj Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saurabh Pandey Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 7.12.2024 giving rise to Case Crime No. 947 of 2024, under Sections 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, P.S. Robertsganj, District Sonbhadra. 3. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA for the State has vehemently opposed the said prayer, as such, has submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the allegations made in the first information report and the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 6. The instant writ petition is wholly misconceived and is accordingly dismissed. Order Date :- 15.1.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad