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Neutral Citation No. - 2025:AHC:67850-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8451 of 2025 Petitioner :- Haseeb And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hasan Parvej Counsel for Respondent :- G.A.,Mohammad Waseem Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Hasan Parvej, learned counsel for the petitioners, Ms. Julekha Begam, learned counsel holding brief of Sri Mohd. Waseem, learned counsel for the informant and Sri Anuj Kumar Mishra, learned AGA for the State.
2. Present writ petition has been filed for quashing the impugned first information report dated 17.4.2025 registered as Case Crime No. 157 of 2025, under sections 191(2), 191(3), 110, 115(2), 351(2), 118(1) B.N.S., P.S. Deorania, District Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case.
3. Although learned AGA is not having instructions in the matter, however, learned counsel for the informant submitted that section 110 B.N.S. has been converted into section 109 B.N.S. and submitted that in any case a cognizable offence is made out against the petitioners.
4. We have gone through the first information report carefully. We find that specific allegations have been levelled against the petitioners that they have attacked with deadly weapons and the injured has suffered serious injuries and had to be admitted in I.C.U. Allegedly accused persons are already facing prosecution under sections 307, 378, 420 I.P.C. and other criminal offences as well. On bare reading of the first information report and even if offence has not been converted from 110 B.N.S. to 109 B.N.S. we find that cognizable offence is made out.
5. 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..
6. The instant petition stands dismissed. Order Date :- 30.4.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad