HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10361 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 petitioner with the prayer to quash the FIR dated 20.09.2025 at 21.50 registered at F.I.R./Case Crime No. 0372/2025, under Sections 70(1)/76/190/191 (2)/ 191(3)/110/115 (2)/352/351(3) Bhartiya Nyaya Sanhita, 2023 (under Sections 376-A/354- B/149/148/147/323/308/504/506 I.P.C.) 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 in the instant case the petitioners after forming an unlawful assembly have assaulted the Versus Counsel for Petitioner(s) : Ana Fatma, Mohd. Salman, Mukhtar Ahamad Counsel for Respondent(s) : G.A. Sundarlal And 4 Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) victim Subhash and one minor girl have received injuries 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 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, the victim Subhash and one minor girl has received 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 an 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 4, 2025 Arvind CRLP No. 10361 of 2025 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench