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2025 DAILYLAW 165305 (ALL)

AJIT KUMAR SINGH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

CRLP/8982/2025 · 2025-09-26

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8982 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri S.B. Sharma, learned counsel for the petitioners, learned AGA for the State and Sri Rahul Kumar Singh, who has filed Vakalatnama on behalf of opposite party no. 2. Let his Vakalatnama be taken on record. 2. By means of the present writ petition, the petitioner has prayed for quashing of the FIR dated 22.8.2025 registered as Crime No. 226 of 2025 under Section 76, 109, 333, 3(5), 115(2), 352, 351(3) BNS, Police Station Sursa, District Hardoi. 3. It is admitted at the bar that this is a case of cross FIR, wherein both the parties have sustained injuries. 4. Learned counsel for the petitioners has submitted that from the side of the opposite parties, serious injuries have been inflicted upon the side of the petitioners as sword and sharp edged weapon have been recovered from their side. 5. It is further submitted that the incident in question is stated to have taken place on 26.7.2025 whereas the FIR has been lodged on 22.8.2025. 6. Learned counsel for opposite party no. 2 has shown photocopy of injury report dated 27.7.2025 showing the injuries received from the side of the informant and as per the aforesaid injury report, there are six injuries and pain in chest. Some of the injuries are incised wounds and Versus Counsel for Petitioner(s) : Shyam Bahadur Counsel for Respondent(s) : G.A., Rahul Kumar Singh Ajit Kumar Singh And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Respondent(s) other are contusions. The said injury report is taken on record. 7. Learned counsel for the petitioner has stated that since after lodging of the FIR by the petitioner, the informant and others have been sent to jail and after relieving from the jail, impugned FIR has been lodged on 22.8.2025 whereas the injury report is dated 27.7.2025. 8. Be that as it may, if the version of the petitioner is seen on the face value, then it is a case of cross FIR, wherein both the parties have received injuries and thus, in that case, FIR may not be quashed from their side under Article 226 of the Constitution of India. 9. Accordingly, this writ petition is dismissed being misconceived, however, it is always open for the petitioners to file anticipatory bail application before the competent court of law and if such anticipatory bail application is filed, the same may be disposed of on merits. September 26, 2025 Fahim/- CRLP No. 8982 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench