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2025 DAILYLAW 76151 (ALL)

PRITI GAUTAM v. STATE OF U.P. AND 2 OTHERS

CRLP/15475/2025 · 2025-08-10

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135048-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15475 of 2025 Petitioner :- Priti Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Chaturvedi Counsel for Respondent :- G.A.,Sarvesh 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 26.06.2025 registered as Case Crime No. 0096 of 2025, under Section 109 of B.N.S., Police Station Mahewaghat, District Kaushambi and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 2. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 3. Per contra, learned A.G.A. has produced the instructions and submits that the informant had suffered grievous injuries. 4. From the perusal of the instructions, we find that the informant, who is 76 years of age had suffered grievous injuries and that surgery was also advised. 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, 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 :- 11.8.2025 Prajapati RK (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad