Neutral Citation No. - 2025:AHC:143367-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18190 of 2025 Petitioner :- Aman Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Dubey Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J. 1. Heard Sri Rakesh Dubey, learned counsel for the petitioner and Ms. Divya Ojha, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 26.6.2025, registered as Case Crime No. 34 of 2025, under Sections 318(4), 338, 339 and 3(5) BNS and 66D IT Act, Police Station Cyber Crime, District Kanpur Nagar. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioners is that the petitioners herein have been falsely implicated in the present case merely because one of the accused arrested on the spot had taken the name of the petitioners herein. It is submitted that name of the petitioners has surfaced merely on the basis of the confessional statement of co-accused Shivam Verma. It is submitted that the confessional statement recorded by the police which are part of the chargesheet cannot remain a part thereof and the same must be ignored as held in Special Leavel to Appeal (Crl.) No. 10536 of 2023 (Sanju Bansal vs. State of UP. Submission, therefore, is that merely on the basis of the confessional statement of the arrested co-accused Shivam Verma no offence as alleged is made out. 4. Ms. Divya Ojha, learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. She has also placed before us that Shivam Verma in his statement recorded during investigation has clearly and specifically named the accused (petitioners herein) and their role as to the manner in which they were involved in the crime has also been disclosed. 5. We have gone through the impugned FIR wherein every detail has been mentioned. It is not in dispute that Shivam Verma, one of the accused was arrested on the spot and while he was sitting in driving seat of one Swift car no. DL4C NA6421 and in the search large number of mobile SIMs and biomatric machine etc. were recovered and video recording of seizure was also made. One of the main accused is one Sunil Shetty Chakma and the allegation in the first information report is that Sunil Shetty Chakma, based in Arunachal Pradesh has given the name of present petitioners who are the resident of Kanpur Nagar and specific allegation is that large numbers of active SIMs were given to both the petitioners. In such view of the matter, we find that cognizable offence against the accused involving cyber crime affecting the society is made out. 7. The matter is still at the investigation stage and uptill now no chargesheet has been filed. As such, the observation made by Hon'ble Apex Court as quoted in para 18 of the petition would not be applicable and is clearly distinguishable. 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 :- 21.8.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad