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Neutral Citation No. - 2025:AHC:137698-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17694 of 2025 Petitioner :- Deeshu Raghav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Shukla,Prabha Shanker Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J.
1. Heard Sri Prabha Shanker Mishra, learned counsel for the petitioner and Sri Pankaj Kumar, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 23.7.2025, registered as Case Crime No. 0309 of 2025, under Sections 111 BNS, 2023 and 3/5/25 Arms Act, P.S. Gandhi Park District Aligarh. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is submitted that prosecution story is absolutely false and concocted and is baseless. The petitioner is a student and because of rivalry and jealousy the co-accused named the petitioner in his statement so as to destroy the career of the petitioner and therefore, impugned FIR being mala fide is liable to be quashed. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence and submitted that the allegations are of an organized crime having been committed by the accused persons and the co-accused arrested on the spot has specifically named the petitioner herein. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. We find that the arguments advanced by the learned counsel for the appellant are nothing but the defence of the petitioner and cannot form the basis for quashing the FIR. 6. 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. 7. Therefore, the writ petition is dismissed.
Order Date :- 13.8.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad