Neutral Citation No. - 2025:AHC:91889-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11071 of 2025 Petitioner :- Shakeel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ruduvant Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Yogesh Kumar Tiwari, Advocate holding brief of Sri Ruduvant Pratap Singh, learned counsel for the petitioner and Sri Ghanshyam Kumar, learned A.G.A. for State respondents. 2. This writ petition has been filed for quashing the impugned First Information Report dated 10.05.2025 registered as Case Crime No.-0235 of 2025, under Sections 109, 352, 351(2) of B.N.S., P.S.- Nai Mandi, District-Muzaffarnagar. A further prayer has been made to command the respondent no.3 not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that the present criminal prosecution has been lodged on incorrect facts and no such incident has taken place on the date and time so given in the first information report and he has been falsely implicated due to village party bandi. It was next submitted that it is a case of no injury and there is public witness. 4. Per contra, learned A.G.A. has opposed the prayer. 5. On perusal of the documents we find that cognizable offence is made out and the ground so taken by the petitioner are nothing but defence of the petitioner, which cannot be considered for the purposes of quashing the F.I.R. 6. 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 :- 28.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad