Neutral Citation No. - 2025:AHC:10004-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1062 of 2025 Petitioner :- Vishal Rajpoot @ Golu Rajpoot Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaytri Rajput,Indra Pal Singh Rajpoot Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard Shri Indra Pal Singh Rajpoot, learned counsel for the petitioner and Shri Ratan Singh, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 01.12.2024, registered as Case Crime No. 799 of 2024, under Sections 111, 341(2), 318(4) B.N.S. and Section 3/7 Essential Commodities Act, Police Station Kotwali Orai, District Jalaun. 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 himself is a victim in the present case; he is not involved in any criminal activity much less the organized crime as alleged in the present case. He further submitted that the petitioner has purchased the fertilizers and the money was given to one Rajendra and that he has no concern whatsoever with fake DAP fertilizer manufacturing gang and that in fact, he is the victim of circumstances and has himself suffered. 4. Learned AGA opposed the prayer for quashing of the FIR, and submits that a bare glance over the first information report would clearly reflect that a cognizable offence showing organized crime is made out. He further pointed out that total 12 accused persons have been named in the impugned FIR and out of which, against 10 accused persons chargesheet dated 31.12.2024 have already been submitted and only against two accused persons, one is the petitioner herein, who are absconding the chargesheet has not been submitted. 5. We have carefully gone through the contents of the impugned FIR which clearly reflects that the recovery was made and certain accused persons were arrested on the spot with fake DAP fertilizer. It has also come on record that the arrested persons have clearly named the petitioner as one of the partners involved in the alleged organized crime of selling fake DAP fertilizers and the FIR has been lodged by the District Agricultural Officer. Therefore, we find that a cognizable offence is made out. 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. 6. The writ petition is accordingly dismissed. 7. Office is directed to place the copy of this order on the record of Criminal Misc. Writ Petition No.23283 of 2024 (Nikhil Agarwal vs. State of U.P. and 3 Others). Order Date :- 21.1.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad