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2025 DAILYLAW 21093 (ALL)

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

CRLP/3253/2025 · 2025-03-20

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

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Judgment text

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Neutral Citation No. - 2025:AHC:41523-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3253 of 2025 Petitioner :- Sartaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhavya Sahai Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Shri Bhavya Sahai, learned counsel for the petitioner and Shri Om Prakash Dwivedi, learned A.G.A.-I for the State- respondents and perused the material on record. 2. The writ petition has been filed praying for quashing the F.I.R. dated 15.01.2025 giving rise to Case Crime No. 0027 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 109 B.N.S. and U/s 7 of the Criminal Law Amendment Act, 1932, at Police Station- Lohiyanagar, District- Meerut. 3. Submission of the learned counsel for the petitioner is that as per the allegation in the first information report, a gun fight broke out between the two gangs on the public road and because of it a panic situation created and people gathered there but there is no public witness of the said incident and no one has received injury and, therefore, no offence as alleged is made out. 4. Per contra, learned AGA has pointed out that the petitioner has criminal history of five other cases including a case under Section 302 IPC and the first information report reflects that it was because of old enmity, the dispute had taken place and three empty cartridge of 315 bore have also been recovered from the spot. He has also pointed out that one of the accused person has already been arrested. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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. The writ petition is, accordingly, dismissed. Order Date :- 21.3.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad