RAHUL AGARWAL AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/15365/2025 · 2025-08-18
Abdul Shahid, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76007 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76007 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:141556-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15365 of 2025 Petitioner :- Rahul Agarwal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Srivastava,Ashish Kumar Gupta Counsel for Respondent :- G.A.,Sanjay Singh Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
1. Photocopy of the statement of the victim recorded under Section 183(5) of B.N.S.S. passed on by the learned A.G.A. be kept on record.
2. Heard learned counsel for the petitioners, learned counsel for the respondents and the learned A.G.A. for the State.
3. This writ petition has been filed for quashing the impugned First Information Report dated 7.7.2025 registered as Case Crime No. 108 of 2025, under Sections 85, 115(2), 352, 351(2), 109, 64(1) of B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station Kamlanagar, District Agra, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report.
4. Submission of the learned counsel for the petitioners 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 and the statement of the victim recorded under Section 183(5) of B.N.S.S. prima facie reveals commission of cognizable offence.
7. Having looked into the statement of the victim recorded under Section 183(5) of B.N.S.S. as was passed on by the learned A.G.A. and 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. Accordingly, the writ petition is dismissed. Order Date :- 19.8.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad