Neutral Citation No. - 2025:AHC:80661-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9264 of 2025 Petitioner :- Gulam Gausul Wara Rabbani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra 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 and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 9.7.2024 giving rise to Case Crime No. 196 of 2024, under Sections 137(2) and 87 of Bhartiya Nyaya Sanhita, 2023, P.S. Kotwali, District-Gorakhpur. 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner. He has next submitted that the petitioner has no concern either with the accused persons named in the F.I.R. or the victim and has been falsely nominated as an accused and, as such, the instant first information report is liable to be quashed. 5. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that the victim is a minor girl and she is not yet traceable. He has produced the statement of the first informant and father of the victim, wherein, they have assigned the specific role to the petitioner in commission of the offence. 6. Learned A.G.A. has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner and the matter is still under investigation, 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. 7. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that the victim is a minor girl and she is not yet traceable, as well as in the statement of the first informant and father of the victim, specific role has been assigned to the petitioner in commission of the offence and the relevant law cited by learned A.G.A. and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the considered opinion that the impugned first information report cannot be quashed, therefore, the prayer for quashing the impugned first information report is refused. 8. The present writ petition lacks merits and is accordingly dismissed. Order Date :- 15.5.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad