SHAHZAD AND 3 OTHERS v. THE STATE OF U.P. AND 3 OTHERS
CRLP/19525/2025 · 2025-09-24
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 91111 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91111 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19525 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard Sri Raj Kishor, learned Advocate, holding brief of Sri Abhishek Singh, learned counsel for the petitioners, learned AGA for the State and Sri Sandeep Tripathi, learned counsel for respondent No.4.
2. This writ petition has been filed for quashing the impugned First Information Report dated 05.08.2025 registered as Case Crime No.383 of 2025 under Sections 331(4), 305(a) & 324(4) B.N.S., 2023, Police Station Shamli, District - Shamli 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. as well as learned counsel for the respondent No.3 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 Versus Counsel for Petitioner(s) : Abhishek Singh, Adarsh Kumar Pandey Counsel for Respondent(s) : G.A., Sandeep Tripathi Shahzad And 3 Others .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s)
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.
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 Prachi CRLP No. 19525 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad