SMT. SHANTI DEVI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/4859/2025 · 2025-03-23
Rajiv Gupta, Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29060 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42739-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4859 of 2025 Petitioner :- Smt. Shanti Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Yadav,Rajeev Kumar Counsel for Respondent :- G.A.,Satya Prakash Singh Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J. 1.Short counter affidavit filed on behalf of respondent no.4 by Sri Satya Prakash Singh, learned counsel is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State, Shri Satya Prakash Singh, learned counsel for the respondent no.4 and perused the record. 3. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 28.02.2025 giving rise to Case Crime No.74 of 2025, under Sections 318(4), 338, 336(3), 340 (2) and 61(2) BNS, 2023, Police Station Ghaziabad Kotwali, District Ghaziabad. 4. Learned counsel for the petitioners has submitted that from the allegations 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 submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases 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 allegations made in the first information report and the relevant law cited by learned AGA as well as learned counsel for the respondent no.4 and the fact that impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 7.
7. However in case, the petitioners move an application for anticipatory bail/ regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 8. With the aforesaid observations, the instant writ petition is finally disposed of. Order Date :- 24.3.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad