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2025 DAILYLAW 85573 (ALL)

AMIT AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/17667/2025 · 2025-08-11

Harvir Singh, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:136593-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 17667 of 2025 Petitioner :- Amit And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Urvesh Kumar 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 has been filed by the petitioners with the prayer to quash the FIR dated 20.07.2025 giving rise to Case Crime No. 0172 of 2025, under Sections 147, 148, 149, 323, 504, 506, 307, 351, 429, 427 IPC, Police Station Nawabganj, District Fatehgarh. 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 petitioners and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned Additional Government Advocate appearing for the State has vehemently opposed the said prayer and has submitted that on account of assault made by the petitioners, Rajpal and Gajbir have received serious injuries and they have been medically examined. 5. Learned A.G.A. has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioners, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex 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. 6. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that on account of assault made by the petitioners, Rajpal and Gajbir have received serious injuries and they have been medically examined and in view of the fact that the allegations made in the impugned first information report discloses cognizable offence against the petitioners, we are of the opinion that the impugned first information report can not be quashed. 7. The prayer for quashing the impugned first information report is therefore refused. 8. However in case, the petitioners moves an application for anticipatory bail/ regular bail before the appropriate court, their bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 9. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 12.8.2025 Gss Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad