Neutral Citation No. - 2025:AHC:11011-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 1290 of 2025 Petitioner :- Sumit Kumar Alias Amit Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Lavlesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 9.12.2024 giving rise to Case Crime No.34 of 2024, under Section 109 of B.N.S. 2023, Police Station-Barla, District-Aligarh. 3. Learned counsel for the petitioners has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and, as such, the instant first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that petitioners assaulted the victim by a knife causing injuries on his neck and also assaulted him by the butt of the country made pistol causing injuries to him. He has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioners 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 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. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that petitioners assaulted the victim by a knife causing injuries on his neck and also assaulted him by the butt of the country made pistol causing injuries to him and in view of the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioners file an application for anticipatory/regular bail before the trial court, their 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 :- 22.1.2025 m.a. Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad