DHAKAN LAL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/7183/2025 · 2025-05-05
Harvir Singh, Rajiv Gupta
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42119 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42119 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72065-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7183 of 2025 Petitioner :- Dhakan Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 28.02.2025 giving rise to Case Crime No. 73 of 2025, under Section 109 and 351(3) B.N.S., Police Station-Hafizganj, District- Bareilly. 3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that in the instant case one Yudhishthira has been beaten by sharp edged weapon, consequent to which he received injuries and has been medically examined, as such, 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 and 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 the learned counsel for the parties and taking into consideration the fact that in the instant case one Yudhishthira has been beaten by sharp edged weapon consequent to which he received injuries and has been medically examined and in view of the further allegations made in the first information report and the relevant law cited by the
learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7.
However, in case the petitioners file an application for anticipatory/regular bail before the trial court, their bail application be considered and disposed of as expeditiously as possible in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 6.5.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad