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2025 DAILYLAW 86032 (ALL)

AMAN KHAN AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/17985/2025 · 2025-08-18

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140822-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 17985 of 2025 Petitioner :- Aman Khan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akshay Kumar Shukla,Ravindra Pal Singh Kashyap Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J. 1. Heard Sri R.P.S. Kashyap, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 15.3.2025 registered as Case Crime No. 95 of 2025, under Sections 109, 351(2), 352, 115(2), 191(2) of B.N.S. and Sections 3(2)(va), 3(1)(gha), 3(1)(da) of SC/ST Act, Police Station Dataganj, District Badaun. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioners is that the petitioners have been falsely implicated in the present case and no such incident had taken place on the date, time and place. It is next submitted that the informant was celebrating Holi drinking alcohol at the place of the petitioners and therefore, a dispute arose. It is next submitted that the petitioner no. 1 is Gram Pradhan. It is next submitted that the injury reports have been manipulated against the petitioners and no such injuries were received. It is next submitted that in respect of the same incident the petitioners had also moved an application before the police authorities. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. 5. On perusal of record we find that moving of application is sufficient to indicate that the incident is admitted and that apart the injuries were received by as many as four persons, therefore, a cognizable offence is made out. 6. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed. Order Date :- 19.8.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad