DIVAS PANDEY v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/18904/2025 · 2025-09-24
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 89638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89638 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18904 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 5.8.2025 registered as Case Crime No.161 of 2025, under Sections 308(6), 351(3), 3(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and section 66 of the Information Technology Act, 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.
2. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated.
3. Per contra, learned A.G.A. and Sri Harshit Gupta, learned counsel appearing for the respondent no.4 submit 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.
5. 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 Versus Counsel for Petitioner(s) : Anjani Kumar Dubey, Deepak Upadhyay Counsel for Respondent(s) : G.A., Harshit Gupta, Prakhar Gupta Divas Pandey .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
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 disposed of 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 25, 2025 GS CRLP No. 18904 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad