KAYYUM @ MO. KAYYUM ALI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/10107/2025 · 2025-11-06
Rajnish Kumar, Zafeer Ahmad
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 177634 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177634 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10107 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Ravindra Shukla, learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition has been filed challenging an F.I.R. bearing Case Crime No.0263/2025, under Section 4/5 of Explosives Act, 1884, Section 5/9-B of Explosives Substances Act and Section 288/125 B.N.S., Police Station Musafirkhana, District Sultanpur.
3. Learned counsel for the petitioners submits that the impugned F.I.R. has been lodged on the basis of wrong and concocted story and the petitioners have been implicated merely on the basis of confessional statement of a co-accused, namely, Kapil Kumar, who was arrested. He further submits that on perusal of F.I.R., it appears that no offences are made out against the petitioners.
4. Learned A.G.A. vehemently opposes the submissions of learned counsel for the petitioners and submits that the impugned F.I.R. has rightly been lodged in accordance with law against the petitioners and merely because the names of the petitioners have come in the confessional statement of the co-accused, it cannot be a ground for quashing of the F.I.R.
5. Having considered the submissions of learned counsel for the parties and on perusal of record as well as contents of the F.I.R., the Versus Counsel for Petitioner(s) : Ravindra Shukla Counsel for Respondent(s) : G.A. Kayyum @ Mo. Kayyum Ali And 2 Others .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
commissioning of offence cannot be ruled out and merely because the names of the petitioners have been surfaced on the basis of confessional statement of the co-accused, it cannot be a ground for quashing of the F.I.R. Thus, no case for interference is made out in view of law laid down by the Hon'ble Supreme Court in the cases of State of Telangana Vs. Habib Abdullah Jellani; (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others; (2021) SCC Online SC 315.
6. In view of above, the present petition is dismissed. November 6, 2025 Saurabh CRLP No. 10107 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench