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2025 DAILYLAW 95866 (ALL)

GABBAR @ GAVENDRA SINGH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/20854/2025 · 2025-09-23

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20854 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 22.08.2025 registered as Case Crime No. 268 of 2025, under Sections 191(2), 191(3), 190, 115(2) and 109(1) of B.N.S, Police Station Arniya, District - Bulandshahr 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, 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. 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 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 24, 2025 vijay krishna Versus Counsel for Petitioner(s) : Abhishek Mishra Counsel for Respondent(s) : G.A. (Abdul Shahid,J.) (Siddhartha Varma,J.) Gabbar @ Gavendra Singh And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad