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2025 DAILYLAW 6333 (ALL)

VARIS ALI v. STATE OF U.P. AND 3 OTHERS

CRLP/467/2025 · 2025-01-15

Rajiv Gupta, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6667-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 467 of 2025 Petitioner :- Varis Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioners with the prayer to quash the FIR dated 22.12.2024 giving rise to Case Crime No. 778 of 2024, under Sections 110 BNS, Police Station Ramgarh, District Firozabad. 3. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that the petitioner has assaulted his wife-Asya Begum, consequently to which she succumbed to injuries on her head, the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, 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 petitioners, 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 petitioners moves an application for anticipatory bail/ regular bail before the appropriate court, their 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 :- 15.1.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad