Neutral Citation No. - 2025:AHC:21487-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 2810 of 2025 Petitioner :- Babbu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Sri Narendra Kumar Tiwari, Advocate has filed Vakalatnama on behalf of respondent no.3 today in the Court, which is taken on record 2. Heard learned counsel for the petitioners, Sri Narendra Kumar Tiwari, learned counsel for the first informant-respondent no.3, learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 21.01.2025, giving rise to Case Crime No. 0016 of 2025, under Sections 110, 309(6), 333, 117(1), 3(5) and 352 of Bhartiya Nyay Sanhita (B.N.S.), 2023, Police Station Punch, District Jhansi. 4. Learned counsel for the petitioners has submitted that the petitioners are wholly innocent and has been falsely implicated in the present case. From the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the instant first information report is liable to be quashed. 5. Per contra, learned AGA as well as learned counsel for respondent no.3 has vehemently opposed the prayer for quashing the impugned F.I.R. and submitted that on account of assault made by three nominated persons and one unknown accused by lathi, danda and axe, two persons, namely, Veer Pratap and Kuldeep Singh have suffered injuries and they have been medically examined. It is further submitted that from the allegation made in the first information report, prima facie, cognizable offence is clearly disclosed against the petitioners 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. 6. Having considered the rival submissions made by learned counsel for the parties and going through the allegations made in the first information report and the relevant law cited by learned AGA for the State 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, it is open for the petitioners to apply for anticipatory bail/regular bail before the appropriate Court, which shall be disposed of as expeditiously as possible, in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 14.2.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad