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Neutral Citation No. - 2025:AHC:20559-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2644 of 2025 Petitioner :- Nazil And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,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 19.1.2025 registered as Case Crime No. 33 of 2025, under Sections 191(2), 191(3), 190, 351(3), 352, 109(1) of B.N.S., 2023 and Section 7 of Criminal Law Amendment Act, Police Station Katghar, District Moradabad. 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 and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed said prayer and has contended that on account of assault made by the petitioners one Aman Ali suffered firearm injuries and has 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 Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and going through the allegations made in the first information report and the relevant law cited by learned
AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 6. However, it is open for the petitioners to apply for anticipatory bail/regular bail before the appropriate Court, which shall be considered and disposed of as expeditiously as possible, in accordance with law. 7. With these observations, the instant writ petition is disposed of.
Order Date :- 13.2.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad