KAMLESH PATEL AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/14598/2025 · 2025-07-10
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73156 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14598 of 2025 Petitioner :- Kamlesh Patel And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Chaurasia,Sudhanshu Chaurasia Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. This writ petition has been filed for quashing the impugned First Information Report dated 21.6.2025 registered as Case Crime No. 159 of 2025, under Sections 191(2), 115(2), 352, 351(2), 333, 76, 310(2), 324(4) of B.N.S. 2023, Police Station - Mirzamurad, District - Varanasi, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
2. Submission of the learned counsel for the petitioners is that the petitioner has been falsely implicated.
3. 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.
4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
5. 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.
6. 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 :- 11.7.2025 PK (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad