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2025 DAILYLAW 147230 (ALL)

MOHD. RAHIL AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

CRLP/5404/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36108-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5404 of 2025 Petitioner :- Mohd. Rahil And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Ashok Kumar Srivastava,Anshul Mishra,Avinash Srivastava Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and the learned Additional Government Advocate. 2. The present petition has been filed seeking quashing of the First Information Report dated 06.06.2025 registered as FIR No. 0080 of 2025 under sections 191(2), 126(2), 109(1), 352, 115(2), 351(3) BNS, Police Station Mandhata, District Pratapgarh. 3. The submission of the counsel for the petitioners is that bald and baseless allegations have been levelled in the FIR, which are highly improbable. It is further argued that the petitioner no.1 is aged about 18 years and was also beaten up by the respondents. 4. From the allegations levelled in the FIR, the allegations are serious with regard to hitting with rod and iron rod, etc. 5. Considering the nature of the allegations, prima-facie, the case for invoking the provisions under Article 226 of the Constitution of India for quashing of FIR cannot be said to be made out. The petitioners, however, would be at liberty to take steps for grant of anticipatory bail, if so advised in accordance with law. The petitioners would also be at liberty to take such other steps that may be advised to them in accordance with law. 6. With the said observations, the present writ petition stands disposed off. Order Date :- 23.6.2025 VNP/- [Kshitij Shailendra,J.] [Pankaj Bhatia, J ] Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench