Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92854 (ALL)

RAMKUMAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/20221/2025 · 2025-09-09

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. - 20221 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Ram Sanehi Yadav, learned counsel for the petitioners as well as Sri Divya Ojha, learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 15.8.2025 registered as Case Crime No. 0286 of 2025 under Sections 191 (2), 333, 115 (2), 352, 351 (2), 109 and 76 of BNS, P.S. Kotwali Dehat, District Etah and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Submission of learned counsel for the petitioners is that there is an unexplained delay of 15 days in lodging of the FIR and the real cause of the same is dispute in respect of the house which was give in Will to the children of the driver living with the petitioner and that no offence as alleged is made out. 4. Per contra, learned A.G.A. opposing the prayer and submits that in the present case, the injuries were suffered by Sailesh and the injury reports, as per her instructions, are on record and, therefore, a cognizable offence has been made out. 5. We find that whatever arguments are being submitted by learned counsel for the petitioners are nothing but defence of the petitioners which cannot be considered for the purpose of quashing the FIR. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Versus Counsel for Petitioner(s) : Ram Sanehi Yadav, Sidh Nath Singh Counsel for Respondent(s) : G.A. Ramkumar And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 10, 2025 Madhurima CRLP No. 20221 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad