Neutral Citation No. - 2025:AHC:139782-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17713 of 2025 Petitioner :- Mohd Adil Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Gaur Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J. 1. Heard Sri Ashish Kumar Gaur, learned counsel for the petitioner, Sri Anand Sagar Shukla, learned counsel for the informant whose vakalatnama filed today is taken on record and Sri Deepak Chaubey, learned AGA-I for the State. 2. The instant writ petition seeks quashing of the FIR dated 17.5.2025 giving rise to Case Crime No. 76 of 2025, under Sections 109, 191(2), 191(3), 190, 308(2), 288, 115(2), 351(2) of B.N.S., Police Station-Airport, District- Prayagraj. 3. The petition filed by the co-accused persons challenging the same impugned FIR has already been dismissed on merit by a Co- ordinate Bench of this Court vide order dated 03.6.2025. The said order is quoted as under: "1. Sri S.D. Singh Jadaun, Advocate has filed vakalatnama on behalf of petitioners today in Court, which is taken on record. Supplementary affidavit filed today in Court, is also taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 17.5.2025 giving rise to Case Crime No. 76 of 2025, under Sections 109, 191(2), 191(3), 190, 308(2), 288, 115(2), 351(2) of B.N.S., Police Station-Airport, District- Prayagraj. 4. 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 instant first information report is liable to be quashed. 5. Per contra, learned AGA has submitted that on account of assault made by the petitioners, victim Athar 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 petitioners 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. 6. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that on account of assault made by the petitioners, victim Athar 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. 7. The prayer for quashing of the first information report is therefore, refused. 8. However, in case the petitioners files 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. 9. With these observations, the instant writ petition is disposed of." 4. On perusal of record, we find no good ground to take a different view of the matter. 5. Accordingly, the present petition also stands dismissed. Order Date :- 13.8.2025 Madhurima Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad