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Neutral Citation No. - 2025:AHC:10472-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 1313 of 2025 Petitioner :- Wassem Qureshi Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Sri Ajay Kumar Mishra, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 10.12.2024, registered as Case Crime No. 683 of 2024, under Sections 109(1), 318(4), 345(3) BNS and 3/5/8 Prevention of Cow Slaughter Act and 3/25/27 Arms Act, Police Station Chandpur, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is submitted that his name has come in the statement of co-accused Azeem Qureshi and he was not arrested on the spot. It is further submitted that no injury was caused to the police and he is not involved in the incident and there was not public witness of this case. 4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. He next submits that the petitioner has criminal history of four cases and bare glance over the FIR clearly reflects cognizable offence. 5. We find that Azeem Qureshi @ Chhanga, son of Yakoob Qureshi is the real brother of the petitioner herein and therefore, there appears to be no reason to believe as to why he would falsely be involved. That apart, perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed.
Order Date :- 22.1.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad