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Neutral Citation No. - 2025:AHC:74285-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9272 of 2025 Petitioner :- Gulfam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Kishor Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Brij Kishor, learned counsel for the petitioners and Ms. Mayuri Mehrotra, learned State Law Officer appearing for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 26.4.2025 registered as Case Crime No. 232 of 2025 under Sections 191(2), 190, 333, 115(2), 117(2), 109(1), 351(3) of B.N.S., Police Station Chandpur, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioners is that the petitioners have been falsely implicated in the present case and the present criminal prosecution has been lodged as a counterblast to the first information report lodged by the petitioners side on 25.4.2025 registered as Case Crime No. 231 of 2025, under Sections 115(2), 352, 351(3) of B.N.S., Police Station Chandpur, District Bijnor. It is next submitted that the petitioners side has also suffered injuries. It is next submitted that the present first information report has been lodged on the next date i.e. 26.4.2025 as a counterblast. 4. However, during course of argument learned counsel for the petitioners admitted the fact that the incident had taken place and injuries were also suffered from both the sides. 5. Learned State Law Officer opposed the prayer for quashing of the FIR, which discloses cognizable offence. 6. On perusal of the first information report we find that several injuries were suffered by the brother, wife and son of the informant and initially they were referred to government hospital and thereafter they were shifted to private hospital and the incident is
admitted. 7. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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. 8. Therefore, the writ petition is dismissed. Order Date :- 8.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad