Shahanshah Khan v. State Of U.P. And 3 Others
Case at a glance
Outcome
Dismissed
Therefore, the writ petition is dismissed
Provisions considered
Key paragraphs
- Para 66. Therefore, the writ petition is dismissed. Order Date :- 18.3.2025 Manish Himwan MANISH HIMWAN High Court of Judicature at Allahabad (Prashant Kumar,J.) (M.C. Tripathi,J.)
Judgment
The relief sought in this petition is for quashing FIR dated 13.01.2025 registered as Case Crime No.08 of 2025 u/s 3/5A/8 of U.P. Prevention of Cruelty to Animals Act, 1960 and Section 109 of B.N.S. 2023, P.S. Phephna, District-Ballia. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been implicated due to malicious intention. He submits that the petitioner is innocent person and allegations levelled against him is highly improbable and unbelievable, as such, the impugned FIR is liable to be quashed.
Learned A.G.A. has opposed the prayer for quashing of the FIR, which discloses cognizable offence.
Perusal of the impugned FIR, prima facie, reveals commission of cognizable offence. 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 of 2021 (Leelavati Devi @ Leelawati and another vs. State of U.P.) decided on 07.10.2021, no case has been made out for interference with the impugned FIR.
Operative part
Therefore, the writ petition is dismissed. Order Date :- 18.3.2025 Manish Himwan MANISH HIMWAN High Court of Judicature at Allahabad (Prashant Kumar,J.) (M.C. Tripathi,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the writ petition is dismissed
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — s. 109.
Which court decided this case, and when?
Allahabad High Court, on 18 Mar 2025. The bench was MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.