SATYAM PANDEY AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/22757/2025 · 2025-10-13
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 194193 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194193 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22757 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, 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 FIR dated 11.09.2025 giving rise to Case Crime No. 178 of 2025, under Sections 191(2), 115(2), 352, 351(3), 324(2), 333, 76, 119(1) of B.N.S., Police Station Siddhartha Nagar, District Siddhartha Nagar. 3. At the very outset, learned AGA has pointed out that offence is clearly shown against the petitioners and even first informant has also received injuries and has been medically examined. 4. Learned counsel for the petitioners has submitted that petitioners are wholly innocent and have been falsely implicated in the present case due to ulterior motive. It is next submitted that even from the allegations made in the impugned first information report, no offence whatsoever is disclosed against the petitioners and as such, the impugned FIR is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the said prayer and has pointed out that on account of assault made by the petitioners, first informant Geeta has received injuries and has been medically examined and as such, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex 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 Versus Counsel for Petitioner(s) : Prabhakar Dubey Counsel for Respondent(s) : G.A. Satyam Pandey And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5.
Having considered the rival submission made by learned counsel for the parties and taking into consideration the allegations made in the FIR and in view of the fact that prima facie offence is clearly disclosed against the petitioners and in view of the fact that first informant has received injuries and has been medically examined and further keeping in view the relevant law cited by the learned AGA and noting the submissions made by the learned AGA, we are of the opinion that the impugned first information report can not be quashed. 6. The prayer for quashing the impugned first information report is therefore refused. 7. However in case, the petitioners moves an application for anticipatory bail/ 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 disposed of. October 14, 2025 S. Singh CRLP No. 22757 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad