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2025 DAILYLAW 94361 (ALL)

UMASHANKAR CHAUHAN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/20291/2025 · 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. - 20291 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the petitioners, Shri Vishal Jaiswal, learned counsel for the respondent no. 4, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 26.8.2025, giving rise to Case Crime No. 169 of 2025, under Section 105 B.N.S., Police Station- Barsathi, District- Jaunpur. 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 as well as learned counsel for the respondent no. 4 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 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 offence is clearly disclosed against the petitioners and keeping in view the submissions made by the learned AGA and in view of law laid down by the Hon'ble Apex Court in this regard, we are not inclined to quash the impugned first information report, at this stage. 6. The prayer for quashing the impugned FIR is, therefore, refused. Versus Counsel for Petitioner(s) : Imran Ali, Murtuza Ali Counsel for Respondent(s) : G.A. Umashankar Chauhan And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. However, in case, the petitioners files 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. September 10, 2025 R CRLP No. 20291 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad