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2025 DAILYLAW 50016 (ALL)

RAHIS MIYAN AND 20 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/8895/2025 · 2025-05-11

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76769-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8895 of 2025 Petitioner :- Rahis Miyan And 20 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Pandey,Santosh Kumar Pandey Counsel for Respondent :- G.A.,Sudhir Kumar Tiwari Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State, Shri Sudhir Kumar Tiwari, learned counsel for the respondent no.3 and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the impugned first information report dated 11.04.2025 giving rise to Case Crime No. 323 of 2025, under Sections 109, 115(2), 351(3), 352, 324(4), 333, 3(5) of B.N.S, Police Station Bhojipura, District Bareilly. 3. 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. 4. Per contra, learned AGA as well as learned counsel for the respondent no.3 has vehemently opposed the said prayer and has submitted that the victims Anees, Azeem, Yunus and Sayra Bano have suffered injuries and have been medically examined. They have next submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases 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. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that victims Anees, Azeem, Yunus and Sayra Bano have suffered injuries and have been medically examined and the allegations made in the first information report and the relevant law cited by learned AGA as well as learned counsel for the respondent no.3 and the fact that impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 6. However in case, the petitioners move an application for anticipatory bail/ regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 7. With the aforesaid observations, the instant writ petition is finally disposed of. Order Date :- 12.5.2025 Nadim Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad