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2025 DAILYLAW 87418 (ALL)

SMT. BABLI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/18373/2025 · 2025-08-21

Harvir Singh, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:144697-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18373 of 2025 Petitioner :- Smt. Babli And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Darwari Lal 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 seeks quashing of the FIR dated 14.2.2025 giving rise to Case Crime No. 58 of 2025 under Section 137(25) BNS Police Station- Bisauli, District- Budaun. 3. 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 petitioners. 4. Per contra, learned AGA has submitted that another Criminal Writ Petition No. 6530 of 2025 filed by the co-accused Suman and 2 Others has already been dismissed by this Court, vide order dated 8.4.2025 and 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, 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. 5. Having considered the rival submissions made by learned counsel for the parties and in view of the fact that from the allegations made in the impugned FIR, prima facie a cognizable offence, complained of, is clearly disclosed against the petitioners as such, we are not inclined to quash the impugned first information report, moreso when another writ petition filed by other co-accused persons has already been dismissed by this Court. 6. In view thereof, the prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioners file 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. 8. With these observations, the instant writ petition is disposed of. Order Date :- 22.8.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad