Neutral Citation No. - 2025:AHC:13456-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 22919 of 2024 Petitioner :- Uday Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhat Kumar Tiwari Counsel for Respondent :- Brajesh Singh, G.A., Vipin Chandra Pal Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the petitioners learned AGA for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 28.08.2024 giving rise to Case Crime No. 327 of 2024, under Sections 74, 191(1), 115(2), 352, 351(2), 109(1) of B.N.S., Police Station Kirawali, District Agra. 3. Learned counsel for the petitioners has submitted that the petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive. 4. Learned counsel for the petitioners has next submitted that the petitioners were not present at the scene of the incident at the relevant time and has raised the plea of alibi on their behalf. 5. Learned counsel for the petitioners has next submitted that from the allegations made in the first information report, no offence, complained of, is clearly disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 6. Per contra, learned A.G.A. for the State has vehemently opposed the said prayer and has submitted that plea of alibi can not be considered at this stage. 7. Learned AGA for the State has further submitted that from the allegations made in the first information report, it is evident that after the assault made by the co-accused Satya Prakash, when the family members of the victim reached at his house to raise their grievance and make a complaint, then his family members, the petitioners armed with lathi danda reached there and after hurling abuses, extended death threats to them, thus prima facie offence, complained of, is clearly disclosed against the petitioners and as such, the impugned first information report cannot be quashed in view of law laid down by the Hon'ble Supreme Court in the cases 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 Criminal Appeal No. 569-570 of 2022, Shraddha Gupta Vs. State of U.P. & Others 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. 8. Having considered the rival submissions made by learned counsel for the parties parties and taking into consideration the allegations made in the first information report, the aforesaid submissions made by learned AGA and the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report can not be quashed. 9. However in case, the petitioners move an application for anticipatory bail/ regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 10. With the aforesaid observations, the instant writ petition is finally disposed of. Order Date :- 27.1.2025 Nadim Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad