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2025 DAILYLAW 103859 (ALL)

BHAGWAN SINGH @ NOORI AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/22819/2025 · 2025-10-06

Devendra Singh I, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22819 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, 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 07.08.2025 giving rise to Case Crime No. 395 of 2025, under Sections 191(2), 333, 109(1), 115(2), 352, 118(1) B.N.S., Police Station-Soron, District- Kasganj. 3. Learned counsel for the petitioners has submitted that petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive. He next submitted that from the allegation made in the impugned first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the submission of learned counsel for the petitioners and submitted that on account of assault made by the petitioners, two persons, namely, Bhagwanshree and Arjun have received injuries and have been medically examined 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 and 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 Versus Counsel for Petitioner(s) : Anil Kumar Counsel for Respondent(s) : G.A. Bhagwan Singh @ Noori And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the allegations made in the first information report, coupled with the fact that on account of assault made by the petitioners two persons, Bhagwanshree and Arjun have received injuries and in view of the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioners files an application for anticipatory/regular bail before the appropriate court, their 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 of. October 7, 2025 ADY CRLP No. 22819 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad