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2025 DAILYLAW 101962 (ALL)

RAMKEWAL SINGH @ KUTTI AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/22123/2025 · 2025-09-24

Rajiv Gupta, Rajiv Lochan Shukla

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22123 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 14.08.2025 giving rise to Case Crime No.119 of 2025, under Sections 191(2), 109(1), 324(4), 351(3) B.N.S., Police Station- Paikoliya, District- Basti. 3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners, as such the impugned F.I.R. is liable to be quashed. 4. Per contra, learned AGA has vehemently submitted that on account of the assault made by the petitioners, victim Jai Har Govind Singh, has received injuries and he has been medically examined. He further submitted that from the allegation made in the first information report, prima facie offence, complained of, is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that on account of the assault Versus Counsel for Petitioner(s) : Akhilesh Kumar Mishra Counsel for Respondent(s) : G.A. Ramkewal Singh @ Kutti And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) made by the petitioners, victim Jai Har Govind Singh, has received injuries and he has also medically examined and further, keeping in view, the allegations made in the impugned F.I.R., and the relevant law cited by learned A.G.A. for the State and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioner and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioner files an application for anticipatory/ regular bail before the appropriate Court, his bail application be considered and disposed of as expeditiously as possible, in accordance with law. 8. With these observations, the instant writ petition is disposed off. September 25, 2025 Sachin CRLP No. 22123 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad