HARISHCHAND AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/16541/2025 · 2025-08-06
Pramod Kumar Srivastava, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 80318 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 80318 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134510-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16541 of 2025 Petitioner :- Harishchand And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Mishra,Sandeep Kumar Keshari,Vivek Srivastava Counsel for Respondent :- G.A.,Kamalendra Kumar Maurya Hon'ble Siddhartha Varma,J. Hon'ble Pramod Kumar Srivastava,J.
1. This writ petition has been filed for quashing the impugned First Information Report dated 4.6.2025 registered as Case Crime No.0081 of 2025, under Sections 324(4), 352, 109(1), 115(2), 110, 74,351(2) B.N.S., Police Station Jagner, District - Agra, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
2. Submission of the learned counsel for the petitioners is that the petitioners have 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 petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 7.8.2025 Kumar Manish . (Pramod Kumar Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad