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Neutral Citation No. - 2025:AHC:36491-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3701 of 2025 Petitioner :- Danish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Adil Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard Sri Mohd. Adil, learned counsel for the petitioner and Sri Dipak Chaubey, 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 24.11.2024 registered as Case Crime No.305 of 2024 under Sections 191(2), 191(3), 190, 109(1), 121(1), 132, 223, 132 B.N.S. and 7 Criminal Law Amendment Act, 1932, Police Station- Nakhasa, District- Sambhal. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case and no one has suffered injury in the present case and the petitioner was not present on the spot at the time of incident and the petitioner who is a law abiding person.
4. Per contra, learned A.G.A. for the State submits that the petitioner is not named in the first information report and as such the present petition is not maintainable at his instance. Moreover he submits that police personnel have received bullet injuries as well as other serious injuries on vital part as reflected from the first information report itself and the petitioner's image has been covered in C.C.T.V. footage and co-accused has also named during the course of investigation and as such 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