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2025 DAILYLAW 103916 (ALL)

ROHIT AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/22832/2025 · 2025-10-06

Devendra Singh I, Rajiv Gupta

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22832 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 11.8.2025 giving rise to Case Crime No. 283 of 2025, under Sections 64(1), 124(1), 115(2), 352, 351(3) BNS, 2023, Police Station-Nakud, District- Saharanpur. 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 motve. 4. Learned counsel for the petitioners has next submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the impugned first information report is liable to be quashed. 5. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that the victim is alleged to have received chemical burn injuries when she had visited petitioners' house and has been medically examined. 6. Learned AGA has further submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly Versus Counsel for Petitioner(s) : Sandeep Kumar, Shravana Kumar Yadav Counsel for Respondent(s) : G.A. Rohit And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 7. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that the victim is said to have received chemical burn injuries when she is alleged to have visited the petitioners' house and has been medically examined and in view of the allegations made in the first information report and 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. 8. The prayer for quashing of the first information report is therefore, refused. 9. 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. 10. With these observations, the instant writ petition is disposed of. October 7, 2025 KU CRLP No. 22832 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad