Dismissed

Sabir Yar v. State of Up and 2 Others

Allahabad HC4 Dec 2024CRLP/22118/2024

Case brief

AI extract

What is this about?

The single judge in Allahabad High Court refused to quash an FIR under Sections 105, 115(2) B.N.S., 2023 over death allegations, citing clear disclosure of cognizable offence and postmortem findings of serious head injuries, while directing expedient consideration of any future bail application.

What did the court decide?

Prayer to quash the FIR refused; petitioner directed to file bail application for expedient consideration.

Sabir Yar vs State of Up and 2 Others — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:190241-DB

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 22118 of 2024

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Petitioner :- Sabir Yar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J. Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.

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The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 16.11.2024 in Case Crime No. 196 of 2024, under Sections 105, 115(2) B.N.S., 2023, Police Station- Husainganj, DistrictFatehpur.

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Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, whatsoever, is disclosed against the petitioner and as such, the impugned first information report is liable to be quashed.

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Per contra, learned A.G.A. has vehemently opposed the said prayer for quashing of the F.I.R. and has drawn the attention of the Court to the postmortem report of the victim wherein six injuries have been found on his person and furthermore occipital bone has been found fractured. He further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex 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.

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Having considered the rival submissions made by

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learned counsel for the parties and taking into consideration the allegations made in the F.I.R. and the relevant law cited by learned A.G.A. and the fact that impugned first information report discloses cognizable offence against the petitioner. Perusal of the postmortem report further shows that victim suffered serious injuries on his head causing his death. In view thereof, we are of the opinion that the impugned first information report cannot be quashed.

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The prayer for quashing the impugned first information report is therefore refused.

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However in case, the petitioner moves an application for anticipatory bail/ regular bail before the appropriate court, his bail application shall be considered and disposed of as expeditiously as possible in accordance with law.

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With the aforesaid observations, the instant writ petition is disposed of.

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Order Date :- 4.12.2024 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Sabir Yar v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Sabir Yar v. State of Up and 2 Others

Case brief

What is this about?

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