Neutral Citation No. - 2025:AHC:91919-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 7571 of 2025 Petitioner :- Devendra Kumar Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prashant Mishra,Premendra Kumar Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Learned A.G.A has filed a short counter affidavit today in Court, which is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 3. The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 18.03.2025 giving rise to Case Crime No. 0143 of 2025, under Sections 137(2), 87 of Bhartiya Nyay Sanhita (BNS), 2023, Police Station Ajeetmal, District Auraiya. 4. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner 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 as well as particularly from the statement of the victim recorded under Section 183 of B.N.S.S, 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 statement of the victim recorded under Section 183 of B.N.S.S and the allegations made in the FIR and the relevant law cited by learned AGA 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. 7. The prayer for quashing the impugned first information report is therefore refused. 8. The instant writ petition is accordingly dismissed. Order Date :- 28.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad