HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9387 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Alok Singh, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR No.0322 of 2025, under Sections 109, 117(1), 191(2), 324(4), 351(3) BNSPolice Station Vibhuti Khand, District Lucknow East (Commissionerate Lucknow). 3. Learned Counsel for the petitioner submits that the petitioner is not named in the impugned F.I.R. The petitioner has wrongly and falsely been implicated in the impugned F.I.R. Thus, the impugned F.I.R. is liable to be quashed. 4. Learned AGA opposed the submissions of the learned Counsel for the petitioner and submits that the name of the petitioner has been surfaced on the statement of co-accused and according to the statement of co-accused, it was the petitioner, who assaulted the victim from the butt of pistol on his head, therefore, the plea of the petitioner in this regard is misconceived. 5. Having considered the submissions of the learned counsel for the petitioner and learned AGA and on perusal of the impugned F.I.R., commissioning of offence cannot be ruled out. There are head injuries to the victim. Therefore, the impugned F.I.R. cannot be quashed in view of the judgment of the Apex Court rendered in the case of State of Telangana Vs. Habib Abdulla Jellani : (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Versus Counsel for Petitioner(s) : Onkar Singh, Shivpal Yadav, Vinay Kumar Yadav Counsel for Respondent(s) : G.A. Chinmay Rai .....Petitioner(s) State Of U.P. Thru. Secy. Dept. Of Home Affairs , Lucknow And Others .....Respondent(s) others : (2021) SCC Online SC 315. 6. In view of above, the petition is dismissed. October 9, 2025 Ajit CRLP No. 9387 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench