SHIVENDRA SINGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/19906/2025 · 2025-09-15
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 91029 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91029 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19906 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 3.8.2025 registered as Case Crime No. 448 of 2025, under Sections 319(2), 318(4), 316(2), 338, 336(3), 340(2), 352, 351(3) of B.N.S., 2023, Police Station - Hata, District - Kushinagar, and a direction to the respondent authorities not to arrest the petitioners in pursuance of the impugned first information report.
2. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
3. Per contra, Sri Suryakant Verma, learned counsel for the first- informant and learned A.G.A. 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 vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been Versus Counsel for Petitioner(s) : Piyush Patel, Pradeep Kumar Counsel for Respondent(s) : Dharmendra Prasad, G.A., Suryakant Verma Shivendra Singh And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
made out for interference with the impugned first information report.
6. 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 16, 2025 LN Tripathi CRLP No. 19906 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad