Neeraj Yadav @ Pankaj v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14451 of 2023 Petitioner :- Neeraj Yadav @ Pankaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyvrat Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Satyavrat Tripathi, learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 16.07.2023, registered as Case Crime No. 93 of 2023, under Section 365 I.P.C., Police Station Shakti Nagar, District Sonbhadra. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that the petitioner has no connection whatsoever with the present case. The victim Ashish has gone by himself and the present criminal prosecution has been lodged with mala fide intention, as there had been some money dispute between the petitioner and the informant.

¶4Per contra, Shri G.P. Singh, learned A.G.A. submits that the boy Ashish has been recovered and he has named the petitioner herein. The First Information Report was lodged against unknown persons and during investigation, Sections 364, 394, 411 I.P.C. have also been added in the present case. He therefore submits that commission of a cognizable is made out.

¶5Perusal of the impugned First Information Report prima facie reveals commission of cognizable offence.

¶6Therefore, 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.

¶7Therefore, the writ petition is dismissed. Order Date :- 16.10.2023 Shafique High Court of Judicature at Allahabad