GAJRAJ SINGH AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/19574/2025 · 2025-10-08
Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing
body2025
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[ 2025 DAILYLAW 91119 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91119 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19574 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. The instant writ petition has been filed by the petitioners with the prayer to quash the First Information Report dated 19.08.2025 registered as Case Crime No. 0237 of 2025, under section 191(2), 191(3), 190, 115(2), 352, 109, 127(2), 131, 351(3) B.N.S. Police Station Shergarh, District Bareilly. 2. It is submitted by the counsel appearing on behalf of petitioners that the petitioners are innocent and have been falsely implicated in the present case due to political rivalry. The instant FIR lodged against the petitioners is nothing but gross misuse of process of law due to malafied intention. It is submitted that after plain reading of the FIR no prima facie case is made out against the petitioners. 3. Per contra learned AGA vehemently opposed the writ petition and submitted that the instant writ petition has been filed without any ground for seeking invocation of extraordinary jurisdiction of this Court. It is also submitted that in view of law laid down by the Hon'ble Apex Court in the case of State of Haryana Vs. Bhajan Lal reported at 1992 Supp (1) Supreme Court Cases 335 and now in the latest judgment of Hon'ble Apex Court in the case of Neeta Singh and Ors. Vs. State of U.P. and Ors in Special Leave to Appeal (Crl) No(s). 13578/2024 in which the Hon'ble Apex Court has held that the writ court shall only invoke the extraordinary jurisdiction in the rarest of the rare cases. It is further submitted that the petitioner nos. 1 to 6 have criminal history of five, four, two, one, one and four cases respectively, therefore, all the petitioners are Versus Counsel for Petitioner(s) : Krishna Kumar Shukla Counsel for Respondent(s) : Bhaskar Bhadra, G.A. Gajraj Singh And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
habitual offenders. 4. Mr. Bhaskar Bhadra, learned counsel appearing on behalf of respondent no. 4 submitted that the petitioners have no clean antecedents and they are habitual offenders.
It is also submitted that whatever allegations are made in the FIR, is disclosing the cognizable offence and also failed to make out the case for seeking indulgence of this Court for quashing the instant FIR, therefore, the instant writ petition is liable to be dismissed. 5. Taking into consideration of the aforesaid submissions made on behalf of respective parties and the averments made in the instant petition as well as seriousness of the allegation made in the first information report the counsel for the petitioners has failed to make out any case in favour of the petitioners for quashing of the instant FIR, therefore, we do not find any good ground to show interference, the writ petition is devoid of merits and is accordingly, dismissed. October 9, 2025 Arti CRLP No. 19574 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad