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2025 DAILYLAW 7789 (ALL)

RASHMI v. STATE OF U.P. AND 2 OTHERS

CRLP/589/2025 · 2025-04-15

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55320-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 589 of 2025 Petitioner :- Rashmi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- Anoop Singh,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Sri Subham Mishra, holding brief of Shri Gyanendra Kumar Singh, learned counsel for the petitioner is praying for adjournment. 2. Shri Anoop Singh, learned counsel for the informant has strongly opposed the same. 3. Present petition has been filed seeking to quash the impugned first information report dated 21.11.2024, registered as case crime no.252 of 2024, under Sections 115(2), 352, 318(4), 338, 336(3), 340(2), 351(2), 351(3) of BNS, 2023, Police Station Kamalganj, District Farukhabad and further not to arrest the petitioner pursuant to said FIR. 4. On 16.01.2025 learned AGA was granted time to seek instruction in the matter. 5. On 07.04.2025 following order was passed:- "1. There is specific allegation in the petition that the husband of the petitioner herein has a long criminal history of 15-16 cases and he was instrumental in land deed and forged and fabricated documents were prepared. 2. Learned AGA may seek instructions in this regard. 3. Learned counsel for the informant is present. 4. Put up this case on 16.4.2025 as fresh before the appropriate Bench." 6. Pursuant to aforesaid order, Shri Pankaj Kumar, learned AGA has submitted that the husband of the petitioner has criminal history of 18 cases. The petitioner was made one of the accused as money was received in her account and she is involved in the said incident. 7. We, therefore, refuse to pass over the matter. 8. We have perused the first information report. The allegation is that agreement to sale was executed by putting photograph of some other person and forged aadhar card was also used as such cognizable offence is made out. 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. 9. The writ petition is accordingly dismissed. Order Date :- 16.4.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad