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2025 DAILYLAW 174407 (ALL)

RAJU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS

/11151/2025 · 2025-11-27

Pramod Kumar Srivastava, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11151 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, 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 19.11.2025 giving rise to Case Crime No. 0431 of 2025, under Sections 304(1), 109, 352, 351(3) of B.N.S./307, 504, 506, Police Station- Hasanganj, District- Unnao. 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 motive. 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 pointed out that petitioners have assaulted one Ram Chandra, consequent to which, he has suffered received injuries 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 disclosed against the petitioners and, as such, the first information report Versus Counsel for Petitioner(s) : Sarvesh Kumar Pandey Counsel for Respondent(s) : G.A. Raju And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s) 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 petitioners are alleged to have assaulted the victim Ram Chandra, consequent to which, he suffered injuries 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. November 27, 2025 KU CRLP No. 11151 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench