HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20371 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J. HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Vakalatnama filed by Shri Rahul Singh on behalf of the first informant, today in Court, is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for the first informant, learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 5.6.2025 giving rise to Case Crime No. 90 of 2025, under Sections 191(2), 115(2), 333, 352, 110, 105 BNS, Police Station- Birno, District- Ghazipur. 4. Learned counsel for the petitioners has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioners. 5. Per contra, learned AGA as well as learned counsel for the first informant-respondent no.4 has submitted that on account of assault made by the petitioners, the victim suffered injuries and on 6.6.2025, succumbed to his injuries and from the allegations 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 Versus Counsel for Petitioner(s) : Anil Kumar, Gyan Chandra Maurya, Kalp Dev Mishra Counsel for Respondent(s) : G.A. Shailendra Singh @ Piyush Singh And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 6. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the fact that on account of assault made by the petitioners, the victim suffered injuries and on 6.6.2025, succumbed to his injuries and in view of the allegations made in the impugned F.I.R. and the relevant law cited by learned A.G.A. for the State as well as learned counsel for the first informant and the fact that impugned F.I.R. prima facie discloses cognizable offence against the petitioners and noting the submissions made by learned AGA, we are of the opinion that impugned first information report can not be quashed. 7. The prayer for quashing the impugned FIR is, therefore, refused. 8. 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. 9. With the aforesaid observations, the instant writ petition is finally disposed of. September 23, 2025 R CRLP No. 20371 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad