Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21749 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, 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 7.6.2025 giving rise to Case Crime No. 214 of 2025, under Sections 115(2), 109, 352, 351(3) BNS, Police Station- Jawan, District- Aligarh. 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 petitioner. 4. Per contra, learned AGA has submitted that on account of assault made by the petitioners, victim Dushyant Singh has received injuries and has been medically examined and 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 taking into consideration the fact that on account of assault made by the petitioners, victim Dushyant Singh has received injuries and 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 can not be quashed. Versus Counsel for Petitioner(s) : Lal Bahadur, Upendra Kumar Pushkar Counsel for Respondent(s) : G.A. Ankit And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. The prayer for quashing the impugned FIR is, therefore, refused. 7. However, in case, the petitioners 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. October 8, 2025 R CRLP No. 21749 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad