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Neutral Citation No. - 2025:AHC:14359-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 929 of 2025 Petitioner :- Aftab Shah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amrita Kashyap,Subham Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri P.K. Malviya, learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 15.09.2024 registered as Case Crime No.0330 of 2024, under Sections 109, 61(2) of BNS, 2023 and section 3, 25, 27 Arms Act, 1959 at Police Station Khadda, District Kushinagar. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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.
5. 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 :- 31.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad