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2025 DAILYLAW 88802 (ALL)

SHOBHIT @ SHOBIT v. STATE OF UTTAR PRADESH AND 6 OTHERS

CRLP/18834/2025 · 2025-09-17

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18834 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. This writ petition has been filed for quashing the impugned First Information Report dated 22.7.2025 registered as Case Crime No.0167 of 2025, under Section 69 of B.N.S., Section 3/4 of POCSO Act and Section 67(a) of I.T. Act, Police Station - Vidhnoo, District - Kanpur Nagar and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 2. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. Learned counsel for the petitioner claims parity with one more person who was juvenile at the time and was being investigated into. 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. However, learned A.G.A. has also drawn the attention of the Court to the instructions which he has in his possession and from it we gather that the statement of the victim had been recorded before the competent Magistrate wherein she had stated that the main accused Pushpendra and Sobhit had committed the offence. 5. Therefore, in view of the law laid down by Hon'ble Supreme Court in the Versus Counsel for Petitioner(s) : Balbeer Singh, Jaswant Singh Counsel for Respondent(s) : G.A., Nisha Chouhan, Shailendra Singh Rathore Shobhit @ Shobit .....Petitioner(s) State Of Uttar Pradesh And 6 Others .....Respondent(s) 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 petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. September 18, 2025 M.S. Ansari CRLP No. 18834 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad