Neutral Citation No. - 2025:AHC:86625-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 9510 of 2025 Petitioner :- Rahees Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad 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 has been filed by the petitioner with the prayer to quash the FIR dated 04.12.2024 giving rise to Case Crime No. 713 of 2024, under Sections 191(2), 191(3), 190, 109, 351(3), 352 of B.N.S., Police Station Atrauli, District Aligarh. 3. 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. 4. Per contra, learned AGA has submitted that specific role of firing upon victim has been assigned to the petitioner. He has further submitted that from the allegations made in the first information report, 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. 5. Having considered the rival submission made by learned counsel for the parties and taking into consideration 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. 6. The prayer for quashing the impugned first information report is therefore refused. 7. However in case, the petitioner moves an application for anticipatory bail/regular bail before the appropriate court, his bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 8. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 22.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad