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2025 DAILYLAW 89233 (ALL)

SMT. NEETU BIND AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/18774/2025 · 2025-10-07

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18774 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed by the petitioners for quashing of the FIR dated 13.07.2025 registered as Case Crime No. 0288 of 2025 under Section 109(2) and 352 of BNS, 2023, Police Station - Ali Nagar, District - Chandauli. 2. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged in the FIR. It is also submitted that there are no injury sustained by the injured as alleged in the FIR. 3. It is further submitted that the instant FIR has been lodged against the petitioner with malice intention and they have been falsely implicated. It is also pointed out that the FIR is lodged against the petitioners for offence punishable under Section 109(2) of BNS. It is further submitted that after plain reading of the FIR, no offence is made out against the petitioners under Section 109(2) of the BNS and therefore, the instant FIR be quashed by allowing the writ petition. 4. Per contra, learned AGA appearing on behalf of the State vehemently opposed the instant writ petition and submitted that filing of this writ petition by the petitioner is gross misuse of process of law and submitted that whatever has been stated in the writ petition is matter of facts. It is apprised to the Court that during the investigation the typographical error has already been rectified and now the petitioner is alleged accused for offence punishable under Section 109(1) of BNS. Therefore, there are no force in the arguments of the petitioners that FIR does not discloses the offence under Section 109(2) of BNS as noted the same already rectified. 5. We heard learned counsel for the parties, perused the averments made in Versus Counsel for Petitioner(s) : Ram Anuj Prajapati Counsel for Respondent(s) : G.A. Smt. Neetu Bind And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the writ petition as well as compliance affidavit filed on behalf of the State, specially paragraph no. 3 of the affidavit, in which it has been stated that mistake has been rectified in the FIR correcting section 109(1) BNS in place of 109(2) BNS. We further taken into consideration that other grounds and submissions made by the petitioner in the instant case it is a matter of investigation. Therefore, at this stage we find that petitioners have failed to make out any case for quashing of the instant FIR. 6. Accordingly, the instant writ petition is devoid of merit and is dismissed. October 8, 2025 S.K.S. CRLP No. 18774 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad