Neutral Citation No. - 2025:AHC:21320-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2791 of 2025 Petitioner :- Deepak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shubham Singh,Surendra Mohan Mishra Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Shri Ram Prasad Dubey, Advocate has filed his vakalatnama on behalf of respondent no.3 today in Court, which is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State, Shri Ram Prasad Dubey, learned counsel for respondent no.3 and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 07.01.2025 giving rise to Case Crime No. 5 of 2025, under Sections 109, 115(2), 351(3), 352 BNS, 2023, Police Station- Uska Bazar, District- Siddharth Nagar. 4. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner. 5. Per contra, learned AGA as well as learned counsel for respondent no.3 has pointed out that in the instant case, on account of assault made by the nominated accused persons, Jag Narayan, Shiv Narayan and Sachin received injuries and have been medically examined. It is further submitted that from the allegations 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, 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 allegations made in the impugned F.I.R. and the fact that on account of assault made by the nominated accused persons, Jag Narayan, Shiv Narayan and Sachin received injuries and have been medically examined and the relevant law cited by learned A.G.A. for the State and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioner and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 7. The prayer for quashing the impugned FIR is, therefore, refused. 8. 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. 9. With these observations, the instant writ petition is disposed of. Order Date :- 14.2.2025 Nadim Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad