Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 91956 (ALL)

MEHRAJ v. STATE OF U.P. AND 3 OTHERS

CRLP/20484/2025 · 2025-09-11

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20484 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Mohd. Adil, learned counsel for the petitioner and Miss. Divya Ojha, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 28.05.2025, registered as Case Crime No.114 of 2025, under Section 110 B.N.S., Police Station Sambhal, District Sambhal. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3.We find that Crl. Misc. Anticipatory Bail Application U/s 482 BNSS No. 6586 of 2025 was dismissed as withdrawn which is quoted as under: "1. The present bail application has been filed with a prayer to enlarge the applicant on anticipatory bail in Case Crime No. 114 of 2025, under Section 110 B.N.S., Police Station- Sambhal, District- Sambhal, during pendency of the trial. 2. At the outset, Mr. Imran Ahmad, Advocate holding brief of Mohd. Adil, counsel for the applicant prays for withdrawal of the present application with liberty to file afresh at an appropriate stage. 3. Accordingly, the application is dismissed as withdrawn with the aforesaid liberty. 4. Let the certified copy of the documents, if any, be returned to the counsel for the applicant as per Rules of the Court." 4. Learned A.G.A. on instructions pointed out that the first information report is of May, 2025, and the petitioner is not cooperating in the investigation, therefore, non bailable warrants have already been issued against him. Versus Counsel for Petitioner(s) : Mohd Adil Counsel for Respondent(s) : G.A. Mehraj .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Perusal of the impugned first information report as well as injury repsort prima facie reveal 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 interference with the impugned first information report. 7. Therefore, the writ petition is dismissed. September 12, 2025 Kumar Manish CRLP No. 20484 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad