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2025 DAILYLAW 30771 (ALL)

MARIYAM v. STATE OF U.P. AND 2 OTHERS

CRLP/5092/2025 · 2025-04-21

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60390-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5092 of 2025 Petitioner :- Mariyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abdul Mazeed,Shahla Naz Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the impugned first information report dated 24.11.2024 giving rise to Case Crime No. 0304 of 2024, under Sections 191 (2), 191 (3), 190, 109(1), 117 (2), 121 (1), 132, 223 of B. N. S. and Section-7 Criminal Law (Amendment) Act and Sections-3/25/25 of Arms Act, Police Station Nakhasa, District Sambhal. 3. Learned counsel for the petitioner has submitted that the petitioner is not named in the first information report and from perusal of the allegations made in the impugned first information report, no offence, whatsoever, is disclosed against the petitioner and as such, the impugned F. I. R. is liable to be quashed. 4. Per contra, learned AGA has submitted that in the instant case, police personnel have received firearm as well as stone pelting injuries and they have been medically examined. He has further submitted that the petitioner's image is also covered under C.C.T.V. footage and co-accused has also named her during course of investigation. He has further submitted that from the perusal of the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner, 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. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that in the instant case, police personnel have received firearm as well as stone pelting injuries and they have been medically examined and petitioner's image is covered under C.C.T.V. footage and co-accused has also nominated her as an accused during investigation and in view of the relevant law cited by learned AGA for the State and the fact that impugned first information report discloses cognizable offence against the petitioner, 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. 6. The instant writ petition is wholly misconceived and is accordingly dismissed. Order Date :- 22.4.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad