ANEK PAL AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/21305/2025 · 2025-09-18
Rajiv Gupta, Rajiv Lochan Shukla
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97626 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97626 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21305 of 2025 Court No. - 46 HON'BLE RAJIV GUPTA, J.
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 25.08.2025 giving rise to Case Crime No. 243 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109, 127(2) & 333 of B.N.S., Police Station- Shergarh, District- Bareilly. 3. Learned counsel for the petitioners has submitted that the petitioners are wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the petitioners has next submitted that from the allegation made in the first information report, prima facie no offence whatsoever, is disclosed against the petitioners and as such, the impugned FIR is liable to be quashed. 4. Per contra, learned AGA has vehemently opposed the writ petition and has submitted that in the incident, one Gajraj Singh has been assaulted by the petitioners consequent to which he has suffered injuries and has been medically examined. Learned AGA has next 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. Versus Counsel for Petitioner(s) : Bhaskar Bhadra Counsel for Respondent(s) : G.A. Anek Pal And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5.
Having considered the rival submissions made by learned counsel for the parties, taking into consideration the fact that the petitioners are alleged to have assaulted the victim Gajraj consequent to which he has suffered injuries and he has been medically examined, and further keeping in view the allegations made in the impugned F.I.R. and the relevant law cited by learned A.G.A. for the State 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 cannot be quashed. 6. The prayer for quashing the impugned FIR is, therefore, refused. 7. 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. 8. With these observations, the instant writ petition is disposed of. September 19, 2025 Kushal CRLP No. 21305 of 2025 2 (Rajiv Lochan Shukla,J.) (Rajiv Gupta,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad