- Court
- High Court of Judicature at Allahabad
- Decided
- 27 November 2023
- Case no.
- CRLP 18418/2023
Judgment
Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 18418 of 2023 Petitioner :- Naresh Pasi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bipin Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.
¶1Heard Shri Bipin Kumar, learned counsel for the petitioner and Shri Vivek Shukla, learned A.G.A for the State respondents.
¶2The relief sought in this petition is for quashing of the F.I.R. dated 02.09.2023, registered as Case Crime No. 0348 of 2023, under Sections 363, 366 I.P.C., Police Station Sarai Akil, District Kaushambi. 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 is real brother of co-accused Manish Pal, who is in jail and the respondent no. 4 is harassing the petitioner by lodging this FIR on false allegation and no offence, as alleged against the petitioner, is made out, even as per the version of the FIR.
¶4Per contra, learned A.G.A. has opposed the prayer and submits that minor girl aged about 14 years was taken away. He submits that specific role has been assigned to the petitioner in the First Information Report that the petitioner herein has facilitated the running away of the victim and his brother and a cognizable offence 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.
¶7The writ petition is dismissed. Order Date :- 28.11.2023 Shafique High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.