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Neutral Citation No. - 2025:AHC:93764-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11328 of 2025 Petitioner :- Rama Shankar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyavrat Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Priyavrat Tripathi, learned counsel for the petitioners and Ms. Mayuri Mehrotra, learned State Law Officer.
2. Present writ petition has been preferred for quashing the F.I.R. dated 07.05.2025 registered as Case Crime No.-157 of 2025 under Sections 109(1), 115(2), 352, 351(3), 333 of B.N.S., 2023, P.S.-Mauaima, Distt.-Prayagraj.
3. Learned counsel for the petitioners submitted that in the transaction both sides have suffered injuries and petitioners have been falsely implicated in the present case and no offence as such has been made out.
4. Per contra, learned State Law Officer on instructions pointed out that admittedly injuries were suffered on the informant side. At this stage learned counsel for the petitioner fairly admitted that the petitioners side has also suffered injuries. Therefore, clearly the incident had taken place and whatever is being argued is nothing but defence of the petitioner, which cannot be considered for the purpose of quashing of F.I.R.
5. 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.
6. Therefore, the writ petition is dismissed. Order Date :- 30.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad