Neutral Citation No. - 2025:AHC:50086-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5528 of 2025 Petitioner :- Nathuni Yadav Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ramashankar Yadav Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioner with the prayer to allow this application and stay the arrest of the petitioner in pursuance of the impugned First Information Report dated 25.02.2025 registered as Case Crime No.0203 of 2025, under Sections 2(30), 317(2), 317(4), 317(5) B.N.S., 2023, Police Station Robertsganj, District Sonbhadra during the pendency of this writ petition. 3. Learned counsel for the petitioner that the petitioner is the owner of the vehicle bearing Registration No. UP-65-LT-6724 from which electrical equipments are alleged to have been recovered. 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 has submitted that from 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 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 submission made by learned counsel for the parties and taking into consideration the allegations made in the FIR and the relevant law cited by learned AGA and the fact that the petitioner is the owner of the vehicle bearing Registration No.UP-65-LT-6724 from which, electrical equipments dumped in a white bag, are alleged to have been recovered by the police party, as such, prima facie offence is clearly disclosed against the petitioner and in our opinion, the impugned first information report cannot be quashed. 7. 7. The prayer for quashing the impugned first information report is therefore refused. 8. However in case, the petitioner moves an application for anticipatory bail/ regular bail before the appropriate court, his bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 9. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 8.4.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad