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Neutral Citation No. - 2025:AHC:143293-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18187 of 2025 Petitioner :- Pappu And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Pramod Kumar Srivastava,J.
1. Heard Ms. Pratibha Singh, learned counsel for the petitioners and Shri 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 15.05.2025, registered as Case Crime No. 160 of 2025, under Sections 109(1), 352, 351(3) BNS and 3/5/8 Cow Slaughter Act and Section 3/25 Arms Act, Police Station Shahganj, District Jaunpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
3. Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in the present case merely because the arrested co-accused persons have taken the name of the petitioners in their confessional statement before the police. It is a case of no injury and there is no public witness present at the time of occurrence and all the witnesses are police personnel.
4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. The persons arrested on the spot who received bullet injuries in a cross firing with the police personnel has subsequently named the present petitioners. 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.
6. The writ petition is accordingly dismissed. Order Date :- 21.8.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad