Neutral Citation No. - 2025:AHC:51186-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5145 of 2025 Petitioner :- Dr. Prince Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Naveen Singh,Rajeev Kumar Singh Parmar Counsel for Respondent :- Anurag Upadhyay,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Naveen Singh, learned counsel for the petitioner and learned A.G.A for the State respondents and Sri Anurag Upadhyay, learned counsel for the informant. 2. The relief sought in this petition is for quashing of the F.I.R. dated 10.2.2025, registered as Case Crime No. 0034 of 2025, under Section 106 BNS, Police Station Kaptanganj, District Azamgarh. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is submitted that the petitioner has not conducted any operation on the deceased and absolutely false allegations have been made. 4. Learned AGA and learned counsel for the informant opposed the prayer for quashing of the FIR, which discloses cognizable offence and pointed out that the petitioner is not qualified to operate but he has operated upon the daughter of the informant because of which she died and huge amount of money was taken by the petitioner for doing this. Learned AGA pointed out that so-called nursing home of the petitioner was being run illegally and has been sealed by the medical officer. 5. We find that in the entire petition the degree of the petitioner has not been disclosed and there is no assertion that he was competent to operate upon the deceased and that the assertion that he has not conducted any operation on the deceased is nothing but a bald denial of the allegation. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. 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. 7. Therefore, the writ petition is dismissed. Order Date :- 9.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad