Shekhar Srivastava Thru. His Mother Roopa Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Shekhar Srivastava Thru. His Mother Roopa Vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted: the prayer for quashing the FIR was refused. Protective direction recorded that any anticipatory/regular bail application filed by the petitioner before the appropriate court shall be considered and disposed of expeditiously in accordance with law.

Issue for consideration

Whether the FIR dated 30.09.2025 giving rise to Case Crime No. 0397 of 2025 (Sections 126(2), 115(2), 352, 351(3), 109 of B.N.S., P.S. Kotwali Dehat, District Bahraich) is liable to be quashed. +1 more

Court's answer

Taking into account the assault made by the petitioner accompanied by two others, whereby Krishna Kumar Trivedi received three injuries by a knife and was medically examined, along with the allegations in the first information report, the Court held that the impugned FIR discloses a cognizable offence against the petitioner.

Ratio / Principle

Since the impugned FIR discloses a cognizable offence, the Court held that the FIR cannot be quashed and refused the prayer for quashing the impugned first information report.

Key takeaways

Ancillary direction: in case the petitioner files an application for anticipatory/regular bail before the appropriate court, his bail application shall be considered and disposed of as expeditiously as possible in accordance with law.obiter¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 30 — Criminal Misc. Writ Petition No. 10190 of 2025 (Rajiv Gupta and Pramod Kumar Srivastava, JJ.), decided November 3, 2025: Writ petition by Shekhar Srivastava (through his mother Roopa) seeking quashing of FIR dated 30.09.2025, Case Crime No. 0397 of 2025, under Sections 126(2), 115(2), 352, 351(3), 109 of B.N.S., P.S. Kotwali Dehat, District Bahraich. Considering that on account of an assault made by the petitioner accompanied by two others, Krishna Kumar Trivedi received three knife injuries and was medically examined, and that the FIR discloses a cognizable offence against the petitioner, the Court held the FIR could not be quashed and refused the quashing prayer. The State (AGA) had invoked State of Telangana v. Habib Abdullah Jellani (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315, and Directorate Enforcement v. Niraj Tyagi (Criminal Appeal No. 843 of 2024); the Court did not expressly engage with these citations in its operative paragraph. Petition finally disposed of with a direction that an anticipatory/regular bail application, if filed before the appropriate court, be considered and disposed of expeditiously in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 10190 of 2025

Shekhar Srivastava Thru. His Mother Roopa

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

n ters		.....Respondent(s)
Counsel for Petitioner(s)	: Ashutosh Kumar Pandey	Singh, Hari Om
Counsel for Respondent(s)	: G.A.

Court No. - 30

HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

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

The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 30.09.2025 giving rise to Case Crime No. 0397 of 2025, under Sections 126(2), 115(2), 352, 351(3), 109 of B.N.S., Police Station Kotwali Dehat, District Bahraich.

Learned counsel for the petitioner has submitted that the petitioner is wholly innocent and has been falsely implicated in the present case due to ulterior motive.

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

Per contra, learned AGA for the State has vehemently opposed the said prayer and has submitted that on account of assault made by the petitioner accompanied with two others, one Krishna Kumar Trivedi has received three injuries by a knife and has been medically examined. He has further submitted that from the

CRLP No. 10190 of 2025

2

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 cases 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.

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 petitioner accompanied with two others, one Krishna Kumar Trivedi has received three injuries by a knife and has been medically examined as well as the allegations made in the first information report and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused.

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

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

November 3, 2025 Nadim

(Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.)

Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad, Lucknow Bench