MANTU URF ANURAG v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/14949/2025 · 2025-08-19
Harvir Singh, Rajiv Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74631 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143328-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14949 of 2025 Petitioner :- Mantu Urf Anurag Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh,Sanjay Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Rejoinder affidavit filed on behalf of the petitioner today in Court, is taken on record.
2. The instant writ petition seeks quashing of the FIR dated 12.1.2025 giving rise to Case Crime No. 14 of 2025, under Sections 137(2), 87 of B.N.S., Police Station-Ubhaon, District- Ballia.
3. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in the present case due to ulterior motive, however, on absolutely cooked up and concocted allegation, the impugned first information report has been lodged against him, as such, the same is liable to be quashed.
4. Per contra, learned AGA has vehemently opposed the said prayer and has pointed out that 14 years girl has been enticed away by the petitioner and her whereabouts are still not known even after lapse of six months. He has further categorically stated that the petitioner is not cooperating in the investigation and since 6.1.2025 his house has been found locked and, therefore, interim
order passed in favour of the petitioner, be vacated so that effective investigation can be carried out.
5. Learned AGA has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and 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.
6. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the allegations made in the first information report and the fact that the petitioner has not been cooperating in the investigation and the whereabouts of the victim, who is a minor girl aged about 14 years, could not be traced out and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed.
7. The prayer for quashing of the first information report is therefore, refused.
8. The instant writ petition lacks merit and is accordingly dismissed.
Order Date :- 20.8.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad