MAHESH GUPTA AND 3 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/18864/2025 · 2025-09-17
Abdul Shahid, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89647 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18864 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J. Crl. Misc. Exemption Application No. 1 of 2025. The requirement of filing of certified copy of the impugned FIR is exempted. The exemption application is, accordingly, disposed of. Order on petition. 1.Supplementary affidavit filed today be kept on record.
2. Heard learned counsel for the petitioner, Sri Lallan Verma, learned counsel for the first informant and the learned A.G.A. and also perused the instructions which was passed on by the learned A.G.A.
3. This writ petition has been filed for quashing the impugned First Information Report dated 5.8.2025 registered as Case Crime No. 77 of 2025, under Sections 61(2) and 308(2) of the BNS and 5m and 6 of the POCSO Act, Police Station Sonauli, District Maharajganj, and also for a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
4. Contention of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
5. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned Versus Counsel for Petitioner(s) : Saksham Srivastava Counsel for Respondent(s) : Akash Kumar Verma, G.A., Lallan Verma, Nasrin, Shailendra Kumar Upadhyay Mahesh Gupta And 3 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
first information report.
6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence.
7. 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.
8. Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for bail as permissible under law and in accordance with law. September 18, 2025 sfa/ CRLP No. 18864 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad