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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18672 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioners, Sri Harshit Gupta learned counsel for the first informant and the learned AGA for the State.
2.This writ petition has been filed for quashing the impugned First Information Report dated 5.8.2025 registered as Case Crime No. 161 of 2025, under Sections 308(6), 351(3), 3(5), 61(2) of B.N.S., 2023, and Section 66 of the Information Technology (Amendment) Act, 2008, Police Station - Jajmau, District - Kanpur Nagar, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report.
3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated.
4. 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.
5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
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. Versus Counsel for Petitioner(s) : Akhilesh Kumar Ojha, Garuddhwaj Pandey Counsel for Respondent(s) : G.A., Harshit Gupta, Prakhar Gupta Faizan Haidar Naqvi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 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 9, 2025 PK CRLP No. 18672 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad