ASHOK @ ASHOK KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 2 OTHERS
CRLP/10288/2025 · 2025-11-03
Pramod Kumar Srivastava, Rajiv Gupta
body2025
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[ 2025 DAILYLAW 179466 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179466 (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. - 10288 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 has been filed by the petitioners with the prayer to quash the First Information Report dated 16.09.2025 giving rise to Case Crime No. 0221/2025, under Sections 351(3), 352, 115(2), 109(1) of B.N.S., Police Station Uchauliya, District Kheri. 3. Learned counsel for the petitioners has submitted that the 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 allegations 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 for the State has vehemently opposed the said prayer and has submitted that on account of assault made by the petitioners accompanied with two others, one Vishal (opposite party No.3) has received injuries by hard and blunt object and have been medically examined. He has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases of State of Versus Counsel for Petitioner(s) : Prem Chandra Chauhan, Shambhu Shanker Counsel for Respondent(s) : G.A. Ashok @ Ashok Kumar And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s)
Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, 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. 6.
Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that on account of assault made by the petitioners accompanied with two others, by hard and blunt object, one person, Vishal (opposite party No.3) has received injuries and has been medically examined as well as the allegations made in the first information report and the fact that impugned first information report discloses cognizable offence against the petitioners, 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. 7. However in case, the petitioners file application for anticipatory/regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 8. With the aforesaid observations, the instant writ petition is finally disposed of. November 3, 2025 Arvind CRLP No. 10288 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench