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Neutral Citation No. - 2025:AHC:143648-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18254 of 2025 Petitioner :- Avtar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Patel,Yashwant Pratap Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J.
1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
2. The instant writ petition seeks quashing of the FIR dated 17.9.2024, giving rise to Case Crime No. 348 of 2024, under Sections 331(4) and 305 of B.N.S., P.S. Sarai Khwaza, District- Jaunpur.
3. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, no offence whatsoever is disclosed against the petitioners and as such, the impugned first information report is liable to be quashed.
4. Per contra, learned A.G.A. has 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, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in Criminal Appeal No. 569-570 of 2022, Shraddha Gupta Vs. State of U.P. & others 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 the learned counsel for the parties and taking into consideration 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.
6. The prayer for quashing of the first information report is therefore, refused.
7. However, in case the petitioners file an application for anticipatory/regular bail before the trial 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 :- 21.8.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad