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2025 DAILYLAW 20691 (ALL)

ANIL AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/3781/2025 · 2025-03-11

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

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Judgment text

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Neutral Citation No. - 2025:AHC:36721-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3781 of 2025 Petitioner :- Anil And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Babita Shukla,Ram Prakash Shukla Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Sri R.P. Shukla, learned counsel for the petitioners as well as Sri Ghanshyam Kumar, learned A.G.A. for the State and perused the record. 2. The relief sought in this petition is for quashing of the F.I.R. dated 30.11.2024, registered as Case Crime No. 0397 of 2024, under Sections 191(2), 191(3), 115(2), 118(1), 352, 109, 351(3) of B.N.S., 2023, Police Station Machhalisahar, District Jaunpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submissions of learned counsel for the petitioners is that both sides had suffered injuries in the present case and the informant's side has in fact assaulted the petitioners' side and the petitioners' side have also filed an application under Section 173(3) B.N.S. against the informant's side. 4. Per contra, learned A.G.A. for the State submits that as per the instructions incident had taken place and both sides have suffered injuries. We find that the ground so taken are nothing but the defence of the petitioners which cannot be considered for the purpose of the quashing of FIR and a cognizable offence is made out. That apart, perusal of the impugned first information report prima facie reveals commission of cognizable offence. 5. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 6. Therefore, the writ petition is dismissed. Order Date :- 12.3.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad