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2025 DAILYLAW 194265 (ALL)

MORPAL AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/22450/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22450 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. This writ petition has been filed seeking to quash the first information report dated 13.07.2025 giving rise to Case Crime No. 176 of 2025 under Sections 115(2), 333, 118(1), 351(3), 110 B.N.S., 2023, P.S. Islam Nagar, District Budaun. Heard learned Counsel for the petitioner in support of this petition at great length, Mr. Luck K. Singh, holding brief Mr. Amarjeet Choudhary, learned Counsel appearing on behalf of respondent no. 4 and Mr. Virendra Shukla, learned State Law Officer appearing on behalf of the State. This is a case, which carries cross version. The impugned FIR bears Case Crime No. 176 of 2025 under Sections 115(2), 333, 118(1), 351(3), 110 B.N.S., 2023, P.S. Islam Nagar, District Budaun, where the incident is dated 07.07.2025 and the FIR registered on 13.07.2025. This FIR was lodged against the petitioner by the informant-respondent no. 4, Ram Kishan. In the cross version, the FIR bears Case Crime No. 178 of 2025 under Sections 115(2), 351(3) and 352 B.N.S., P.S. Islam Nagar, District Budaun, where the occurrence is also dated 07.07.2025. The injuries have been sustained on both sides. The fact that there are injuries on both sides and the occurrence is the same, makes it a case, where it would have to be seen, which side were the aggressors. That is a matter, which we cannot investigate in exercise of our jurisdiction under Article 226 of the Constitution, where the prayer Versus Counsel for Petitioner(s) : Pradeep Kumar Counsel for Respondent(s) : Amarjeet Choudhary, G.A. Morpal and others .....Petitioner(s) State of U.P. and others .....Respondent(s) is to quash the FIR. The matter has to be investigated thoroughly and it can be examined either during investigation, and if parties are charge- sheeted, during trial as to which of them were the aggressors or the prime mover. This is not a fit case, where we should exercise our jurisdiction to quash the FIR. This writ petition is dismissed. October 13, 2025 Deepak CRLP No. 22450 of 2025 2 (Sanjiv Kumar, J.) (J.J. Munir, J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad