Neutral Citation No. - 2025:AHC:128484-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 16546 of 2025 Petitioner :- Ankit Misra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Ismail Khan,Shiv Sagar Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 16.7.2025 giving rise to Case Crime No. 273 of 2025, under Sections 191 (2), 191(3), 109, 115(2), 352, 351 (3), of BNS, 2023, Police Station-Bakhiran, District- Sant Kabir Nagar. 3. Learned counsel for the petitioners 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 impugned first information report is liable to be quashed. 4. Per contra, learned AGA has vehementally opposed the said prayer and has submitted that in the instant case five accused persons are said to have opened fire upon the victim, consequent to which, one Devendra Yadav has suffered injuries and has been medically examined. He has next 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 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 the learned counsel for the parties and taking into consideration the fact that five accused persons are said to have opened fire upon the victim, consequent to which, one Devendra Yadav has suffered injuries and has been medically examined and in view of the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioners file an application for anticipatory/regular bail before the appropriate court, their bail application be considered and disposed of as expeditiously as possible in accordance with law. 8. With these observations, the instant writ petition is finally disposed of. Order Date :- 31.7.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad