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2025 DAILYLAW 76443 (ALL)

AKASH SONKAR @ ANSHU v. STATE OF U.P. AND 3 OTHERS

CRLP/15539/2025 · 2025-07-28

S Q H Rizvi, Siddhartha Varma

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Judgment text

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Neutral Citation No. - 2025:AHC:125942-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15539 of 2025 Petitioner :- Akash Sonkar @ Anshu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheo Prasad Yadav Counsel for Respondent :- G.A.,Lal Behari Yadav Hon'ble Siddhartha Varma,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 11.6.2025 registered as Case Crime No. 184 of 2025, under Sections 3(5), 115(2), 351(2), 190, 191(2), 191(3), 103(1) of B.N.S., 2023, Police Station - Kotwali, District - Mau, 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. 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. 7. This order was passed in the presence of Sri Brijendra Kumar Yadav holding brief of Sri Lal Bihari Yadav learned counsel for the respondent no.4. Order Date :- 29.7.2025 PK (S.Q.H. Rizvi,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad