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Neutral Citation No. - 2025:AHC:93362-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 11381 of 2025 Petitioner :- Jarkan Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Shukla,Rakesh Pathak 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 04.03.2025, giving rise to Case Crime No.0058 of 2025, under Sections 308(6), 351(3) B.N.S., P.S. Amaria, District Pilibhit.
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 and, as such, the instant first information report is liable to be quashed.
4. Per contra, learned AGA has submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner 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, 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 the learned counsel for the parties and taking into consideration the allegations made in the FIR and the relevant law cited by the learned AGA and the fact that impugned FIR disclosed cognizable offence, we are of the opinion that the impugned FIR cannot be quashed.
6. The prayer for quashing the impugned first information report is, therefore, refused.
7. The writ petition is wholly misconceived and accordingly dismissed. Order Date :- 30.5.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad