Kishan vs State Of U.P. And 3 Others
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Allahabad High Court

Kishan vs State Of U.P. And 3 Others on 1 April, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:44211-DB
 
Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5975 of 2025
 
Petitioner :- Kishan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kuldeep Singh Chahar,Mohit Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

2. This writ petition has been filed praying for the following reliefs:

"(i) issue a writ, order or direction in the nature of certiorari quashing impugned First Information Report dated 11.03.2025 registered in case crime no. 0064 of 2025 under sections 190, 191(2) 191(3), 109(1), 126(2), 352 and 351(2) B.N.S., police station Kirawali, District Agra (Annexure No. 1 to this writ petition).

(ii) Issue a writ order of direction in nature of mandamus directing the respondents not to arrest/harass the Petitioners in pursuance of First Information Report dated 11.03.2025 registered in case crime no. 0064 of 2025 under sections 190, 191(2) 191(3), 109(1), 126(2), 352 and 351(2) B.N.S., police station Kirawali, District Agra."

3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner.

4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.

5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation and 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 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report.

6. The writ petition is disposed of leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law.

7. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

Order Date :- 1.4.2025

NLY

(Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.)