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2025 DAILYLAW 8167 (ALL)

MONU @ MONU GUPTA @ MONU PULSAR v. STATE OF U.P. AND 3 OTHERS

CRLP/847/2025 · 2025-03-02

Rajiv Gupta, Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:29179-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 847 of 2025 Petitioner :- Monu @ Monu Gupta @ Monu Pulsar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari,Srijana Tripathi Counsel for Respondent :- Ashish Kumar Mishra,G.A.,Shyam Mohan Singh Hon'ble Rajiv Gupta,J. Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State, Sri Sumit Gupta holding brief of Sri Ashish Kumar Mishra for respondent no. 4 and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 21.08.2024 giving rise to Case Crime No. 673 of 2024, under Sections 281, 190, 191 (2), 191 (3), 115 (2), 117 (2), 351 (2), 109 B.N.S., Police Station- Jalalabad, District- Shahjahanpur. 3. Learned counsel for the petitioner has submitted that the petitioner is wholly innocent and he has falsely implicated in the present case due to ulterior motive. It is next submitted that from the allegations made in the impugned first information report, no offence whatsoever is disclosed against the petitioner and as such, the impugned F.I.R. is liable to be quashed. 4. Per contra, learned AGA as well as learned counsel for the respondents has submitted that the petitioner alongwith five others have assaulted the victims consequent to which Shivam and Prashant have suffered injuries and have been medically examined. It is next submitted that from the allegations 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, 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 impugned F.I.R. and the relevant law cited by learned A.G.A. for the State and in view of the fact that the petitioners alongwith five others have assaulted the victims, consequent to which they received injuries and had been medically examined and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioner files an application for anticipatory/ regular bail before the appropriate Court, his bail application be considered and disposed of as expeditiously as possible, in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 3.3.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad