Akshay Singh Sengar @ Ajendra v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15972 of 2023 Petitioner :- Akshay Singh Sengar @ Ajendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghan Shyam,Satyendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Sri Satyendra Kumar Mishra, learned counsel for the petitioner and Sri Virendra Kumar Pal, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 03.08.2023, registered as Case Crime No. 0259 of 2023, under Sections 147, 148, 452, 323, 506, 364 IPC, Police Station Rura, District Kanpur Dehat. Further prayer has been made not to arrest the petitioner in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that informant and father of the petitioner are good friends and the victim was studying at Kanpur resides with the accused persons and in respect of the incident dated 29.03.2023 an N.C.R. dated

30.07.2023, under Section 323 was got registered by the husband of the informant and now the present FIR has been lodged with malafide intention by making false allegation. Submission is that there is some monetary dispute between the parties.

¶4Per contra, learned AGA submits that statement of the victim was recorded under Section 164 Cr.P.C. in which victim has supported the prosecution version, as such, cognizable offence has been 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.

¶7The petition is dismissed. Order Date :- 30.10.2023 Ujjawal High Court of Judicature at Allahabad