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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22545 of 2026 Court No. - 46 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. A.Z. Khan, the learned counsel for petitioners, the learned A.G.A. for State-respondents 1, 2 and 3 and Mr. Anil Kumar Shukla, the learned counsel for first informant/ respondent -4. 2. Perused the record. 3. Present writ petition has been filed challenging the FIR dated 03.09.2026 lodged by first informant-respondent-4 and registered as Case Crime No. 439 of 2026, under Sections 123, 308(5), 61(2), 352, 351(3) BNS, Police Station- Sadar Bazar, District-Saharanpur. 4. Learned counsel for petitioners in challenge to the impugned FIR submits that petitioners are innocent. They have not committed crime in question. The impugned FIR has been engineered only to overcome rent liability of petitioner-1 Tejpal towards first informant/respondent-4. He therefore submits that the impugned FIR is malicious and therefore liable to be quashed by this Court. 5. Per contra, the learned AGA for State- respondents 1 to 3 and the learned counsel for first informant/ respondent-4 submit that petitioner -2 Smt. Payal is a married lady but she is in consensual relationship with petitioner-2. Petitioners have formed organized group to commit organized crime by blackmailing peaceful citizen. 6. Elaborating his submission, learned AGA for State- respondents 1 to 3 Versus Counsel for Petitioner(s) : A.Z. Khan Counsel for Respondent(s) : Anil Kumar Shukla, G.A., Saroj Shukla Tejpal And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
submits that upon perusal of the impugned FIR it is apparent that commission of a cognizable offence is clearly disclosed. Since from the allegation made in the FIR, prima facie case is made out and at this stage only prima facie case is to be seen, therefore, no indulgence be granted by this Court in present writ petition. 7. We have considered the rival submissions. 8. Having heard the learned counsel for petitioners, the learned AGA for State-respondents 1, 2 and 3, the learned counsel for first informant- respondent-4 and upon perusal of record, we find that the impugned FIR clearly discloses commission of a cognizable offence. Considering the allegations made in the FIR we are not inclined to entertain the present writ petition. 9. As a result, writ petition fails and is liable to be dismissed. 10. It is accordingly dismissed.
September 18, 2026 Dhirendra/ CRLP No. 22545 of 2026 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad