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2025 DAILYLAW 90902 (ALL)

KAPIL KUMAR @ GOLU DUBEY AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/19571/2025 · 2025-09-24

Abdul Shahid, Siddhartha Varma

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19571 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Supplementary affidavit filed today be kept on record. 2. This writ petition has been filed for quashing the impugned First Information Report dated 13.8.2025 registered as Case Crime No.585 of 2025, under Sections 191(2), 191(3), 190, 109, 115(2), 118(2), 324(4) of B.N.S., Police Station - Auraiya, District - Auraiya, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report. 3. Submission of the learned counsel for the petitioners is that the petitioners have 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. 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 Versus Counsel for Petitioner(s) : Abhishek Kumar Shukla Counsel for Respondent(s) : Anand Pati Tiwari, G.A. Kapil Kumar @ Golu Dubey And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) interference with the impugned first information report. 7. Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. September 25, 2025 M.S. Ansari CRLP No. 19571 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad