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Neutral Citation No. - 2025:AHC:36436-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4174 of 2025 Petitioner :- Nahid And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Javed Habib Counsel for Respondent :- G.A.,Sanjai Kumar Verma Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the petitioners, Sri Bharat Singh,
learned counsel for Respondent No. 4, learned A.G.A. for the State and perused the record.
2. The instant writ petition seeks quashing of the FIR dated 12.2.2025 giving rise to Case Crime No. 0071 of 2025, under Sections 191(2), 191(3), 109, 115(2), 118(1), 351(2) B.N.S., 2023, Police Station-Chandausi, District- Sambhal.
3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the impugned first information report qua the petitioner is liable to be quashed.
4. Per contra, learned AGA has submitted that petitioners have assaulted the victims, consequent to which, Shakir and Nasir suffered injuries and have been medically examined. He has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others.
5. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that the petitioners assaulted the victims, consequent to which, Shakir
and Nasir have received injuries and have been medically examined and in view of the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed.
6. The prayer for quashing of the first information report is therefore, refused.
7. However, in case the petitioners files an application for anticipatory/regular bail before the trial court, their bail application be considered and disposed of as expeditiously as possible in accordance with law.
8. With these observations, the instant writ petition is disposed of.
Order Date :- 12.3.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad