Neutral Citation No. - 2025:AHC:68217-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8533 of 2025 Petitioner :- Usman @ Pasha Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajesh Kumar Verma Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State as well as Ms. Zulekha Begum, holding brief of Mohammad Waseem, learned counsel for respondent no. 4 and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 4.4.2025, giving rise to Case Crime No. 226 of 2025, under Sections 109, 352, 351 (2) B. N. S., Police Station- Subhash Nagar, District-Bareilly. 3. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, whatsoever, prima facie no offence, complained of, is disclosed against the petitioner. 4. Per contra, learned AGA as well as Ms. Zulekha Begum, holding brief of Mohammad Waseem, learned counsel for respondent no. 4 have submitted that in the incident in question, petitioner has been assigned the role of firing upon the victim Subhan alias Bhoora, consequent to which, he has received firearm injuries on his left knee and he has been medically examined. As such, from the allegations made in the first information report, prima facie offence, complained of, is clearly disclosed against the petitioner 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, 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 the role of firing upon the victim Subhan alias Bhoora has specifically been assigned to the petitioner, consequent to which, he has received firearm injuries on his left knee and he has been medically examined, we are of the opinion that prima facie offence is clearly disclosed against the petitioner and as such, we are not inclined to quash the impugned first information report, qua the petitioner. 6. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioner files an application for anticipatory/ regular bail before the appropriate Court, his 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 :- 30.4.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad