Neutral Citation No. - 2025:AHC:79776-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 9769 of 2025 Petitioner :- Servesh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sanehi Yadav,Sidh Nath Singh Counsel for Respondent :- Ajay Kumar Dwivedi,G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Ram Sanehi Yadav, learned counsel for the petitioners, Sri Ajay Kumar Dwivedi, learned counsel appearing for the informant and Sri Ghanshyam Kumar, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 5.3.2025 registered as Case Crime No. 39 of 2025, under Sections 191(2), 191(3), 115(2), 352, 126(2), 109 of B.N.S., Police Station Rijour, District Etah. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioners is that at the time of incident the petitioners were not present on the spot and it is a case where there was no injury. It is next submitted that there were some money dispute between the parties and in respect whereof a complaint under Section 156(3) Cr.P.C., under Section 406 has been filed by the petitioners, which is still pending and for this reason the petitioners have been falsely implicated in the present case. 4. Per contra, learned counsel for the informant and learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. Learned A.G.A. on instructions pointed out that there is injury on head and chest. 5. We find that all such facts that are being raised by learned counsel for the petitioners are nothing but the defence of the petitioner, which cannot be considered for the purpose of quashing the FIR. 6. 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. 7. Therefore, the writ petition is dismissed. Order Date :- 15.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad