Neutral Citation No. - 2025:AHC:41388-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4333 of 2025 Petitioner :- Suman And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J. 1. Vakalatnama filed by Sri Diwanshu Tiwari, on behalf of the respondent no.4 today is taken on record. 2. Heard learned counsel for the petitioners, Sri Diwanshu Tiwari, learned counsel for the respondent no.4 as well as learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 09.02.2025 giving rise to Case Crime No.43 of 2025, under Sections 191(2), 109, 115(2), 352, 351(3) B.N.S. 2023, Police Station- Karchana, District- Prayagraj. 4. Learned counsel for the petitioners has submitted that petitioners are wholly innocent and have falsely been implicated in the present case due to ulterior motive and 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 is liable to be quashed. 5. Per contra, learned AGA as well as learned counsel for the respondent no.4 has vehemently opposed the prayer and pointed out that that on account of assault made by the petitioners one Ashish Sharma has received injuries and has been medically examined. Further submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioners 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, 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. 6. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that as per the allegations made in the impugned F.I.R. on account of assault made by the petitioners one Ashish Sharma has received injuries and has been medically examined. Thus, in view of the fact that the impugned F.I.R. prima facie discloses cognizable offence against the petitioners and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 7. The prayer for quashing the impugned FIR is, therefore, refused. 8. However, in case, the petitioners file an application for anticipatory/ regular bail before the appropriate Court, their bail application be considered and disposed of as expeditiously as possible, in accordance with law. 9. With these observations, the instant writ petition is disposed of. Order Date :- 21.3.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad