Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:143524-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18212 of 2025 Petitioner :- Dhrampal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Kumar Singh,Sarwam Dwivedi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J.
1. Heard Sri Gaurav Kumar Singh, learned counsel for the petitioner as well as Sri G.P. Singh, learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 12.8.2024 registered as Case Crime No. 0192 of 2024, under Sections 420, 406, 467, 468, 471, 504, 506 IPC, P.S. Bhojpur, District Ghaziabad and for a direction to the respondents not to arrest the petitioner pursuant to the aforesaid case. 3. The FIR is of August, 2024 and the present petition has been reported beyond time by 276 days. We further find that the petitioner has already approached this Court by filing Crl. Misc. Bail Application under section 482 B.N.S.S. No. 1491 of 2025 which was got dismissed as withdrawn after arguing the matter at length with liberty to surrender and apply for bail. On this ground the application was dismissed as withdrawn vide order dated 22.7.2025 which is quoted as under:
"1. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 192 of 2024, under Sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station- Bhojpur, District- Ghaziabad, during the pendency of trial. 2. After arguing the matter at some length, Sri Shrawan Dwivedi, counsel for the applicant prays for withdrawal of the present application with liberty to the applicant to surrender and apply for regular bail. 3. In view of the above, the present application is dismissed as withdrawn with liberty as prayed for. 4. Sri Alok Kumar Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State are present."
4. Admittedly, the petitioner has not surrendered and has now come forward to challenge the FIR after a delay of about one year. 5. Sri G.P. Singh, learned A.G.A., on instructions, pointed out that cognizance of
chargesheet dated 05.10.2024 has already been taken by the competent court on 20.12.2024 against four co-accused persons namely Abdul Majid, Ale Ali, Imran and Aqib. 6.
It is not in dispute that petitioner is the seller of the property and direct beneficiary and the money was credited in this account. Challenging the impugned FIR after such a long delay and after filing of chargesheet against four co-accused persons is nothing but abuse of process of law and that too after withdrawal of the anticipatory bail application which was got withdrawn with liberty to surrender and apply for bail. As per settled law, there can be no part quashing. 7. We find substance in the arguments of learned A.G.A. Perusal of the impugned first information report prima facie reveals commission of cognizable offence and the present petition is nothing but abuse of process of law. 8. 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. Therefore, the writ petition is dismissed with a token cost of Rs. 1000/- (Rupees One Thousand) upon the petitioner, which the petitioner shall deposit with the Registrar General of this Court within a period of 15 days from today. 10. On deposit of such cost, it shall be transmitted to the account of 'High Court Legal Services Committee, Allahabad'. If the petitioner fails to deposit the cost of Rs.1000/-, the Registrar General of this Court shall inform the District Magistrate, Ghaziabad for recovery of the said amount as arrears of land revenue, who shall, after recovering the said amount from the petitioner, transmit the same to the Registrar General of this Court for depositing it in the account of 'High Court Legal Services Committee, Allahabad' within a further period of three months.
Order Date :- 21.8.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad