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2025 DAILYLAW 93996 (ALL)

DEEPAK VISHWAKARMA @ DEEPAK SHARMA v. STATE OF UP AND 2 OTHERS

CRLP/20283/2025 · 2025-09-09

Rajiv Gupta, Rajiv Lochan Shukla

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20283 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 27.8.2025 giving rise to Case Crime No. 0574 of 2025, under Sections 127(2), 324(1), 109(1), 352, 115(2), 310(2), 351(3) of B.N.S., Police Station-Jagdishpura, District- Agra. 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that in the instant case, one Manoj Kumar has received injuries and has been medically examined.He has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner 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 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315and 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 Versus Counsel for Petitioner(s) : Vijay Kumar Mishra Counsel for Respondent(s) : G.A. Deepak Vishwakarma @ Deepak Sharma .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) the parties and taking into consideration the fact that in the instant case, one Manoj Kumar has received injuries and has been medically examined and in view of 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 petitioner files an application for anticipatory/regular bail before the appropriate court, his 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. September 10, 2025 KU CRLP No. 20283 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad