Neutral Citation No. - 2025:AHC:137987-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 17765 of 2025 Petitioner :- Dr. Gayyur Respondent :- State of U.P. and Another Counsel for Petitioner :- Akshara Rai,Ram Akbal Upadhyay Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 11.1.2025 giving rise to Case Crime No. 0023 of 2025, under Sections 376D, 323, 504, 506 IPC, Police Station-Thanabhawan, District- Shamli. 3. Learned counsel for the petitioner 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. 4. At the very outset, learned AGA has pointed out that investigation in the instant case has already been concluded and charge sheet has been submitted against other three co-accused and since the petitioner has not been cooperating in the on-going investigation, as such non bailable warrant has been issued against him. He has further pointed out that Criminal Misc. Writ Petition No. 2336 of 2025 filed on behalf of the co-accused Nadeem has already been dismissed by this Court. 5. Learned AGA 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. 6. Having considered the rival submissions made by the learned counsel for the parties parties and taking into consideration the fact that in the instant case investigation has already been concluded and charge sheet has been submitted against other three co-accused and since the petitioner has not been cooperating in the on-going investigation, as such non bailable warrant has been issued against him. Further Criminal Misc. Writ Petition No. 2336 of 2025 filed on behalf of the co-accused Nadeem has already been dismissed by this Court 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. The present writ petition is devoid of merits and is accordingly dismissed. Order Date :- 13.8.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad