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Neutral Citation No. - 2025:AHC:142597-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16279 of 2025 Petitioner :- Salim Sabri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarve Nazir,Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
2. The instant writ petition has been filed with the prayer to quash the FIR dated 09.08.2024, arising out of Case Crime No. 0621 of 2024, under Sections 420, 467, 468, 471 IPC, Police Station Baheri, District Bareilly.
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 petitioner and as such, the impugned first information report is liable to be quashed.
4. Per contra, learned A.G.A. has submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner, therefore, the impugned first information report can not be quashed in view of law laid down by Hon'ble Apex 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 allegations made in the first information report and the relevant law cited by learned A.G.A. and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed.
6. The prayer for quashing of the first information report is therefore refused.
7. However, in case the petitioner files an application for anticipatory/regular bail before the trial court, his bail application 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 :- 20.8.2025 PK (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad