HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10265 of 2025 Court No. - 30 HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Supplementary affidavit filed by learned counsel for the petitioner today in Court, is taken on record. Counter affidavit filed by learned counsel for the respondent No. 4 today in Court, is also taken on record. 2. Heard learned counsel for the petitioner, Sri Abhay Kumar Ojha, learned counsel for the Respondent No. 4, learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 21.10.2025 giving rise to Case Crime No. 323 of 2025, under Sections 190, 191(2), 191(3), 109(1), 352 BNS, Police Station-Cantt., District- Ayodhya. 4. Learned counsel for the petitioner has submitted that petitioner is wholly innocent and has been falsely implicated in the present case due to ulterior motive. 5. Learned counsel for the petitioner has next submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the impugned first information report is liable to be quashed. 6. Per contra, learned AGA as well as learned counsel for the respondent No. 4 has vehemently opposed the said prayer and has submitted that on account of assault made by the petitioner alongwith other co-accused with hard and blunt object, victim Jagwant Yadav has received injuries and has been medically examined. Versus Counsel for Petitioner(s) : Anil Kumar Tiwari Counsel for Respondent(s) : G.A., Abhay Kumar Ojha Ayushman Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s) 7. Learned AGA as well as counsel for the respondent No. 4 has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner 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. 8. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that 9. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that on account of assault made by the petitioner alongwith other co-accused with hard and blunt object, victim Jagwant Yadav has received injuries and has been medically examined. Keeping in view the allegations made in the first information report and in view of 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. 10. The prayer for quashing of the first information report is therefore, refused. 11. However, in case the petitioner files an application for anticipatory/regular bail before the appropriate court, his bail application be considered and disposed of as expeditiously as possible in accordance with law. 12. With these observations, the instant writ petition is disposed of. November 3, 2025 KU CRLP No. 10265 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench