Dismissed¶12

Wassem Qureshi v. State of U.P. and Another

Allahabad HC22 Jan 2025CRLP/1313/2025

Case brief

AI extract

What is this about?

Allahabad HC DB writ petition dismissed 22.1.2025; quashing FIR Case Crime No. 683 of 2024 dated 10.12.2024, P.S. Chandpur, Distt. Bijnor; Sections 109(1), 318(4), 345(3) BNS; 3/5/8 Prevention of Cow Slaughter Act; 3/25/27 Arms Act; petitioner Wassem Qureshi named by real-brother co-accused Azeem Qureshi @ Chhanga; FIR prima facie discloses cognizable offence; reliance on Bhajan Lal (1992 Supp. (1) SCC 335), Neeharika Infrastructure (AIR 2021 SC 1918), Leelavati Devi (07.10.2021); prayer not to arrest refused; criminal history of four cases noted by AGA.

What did the court decide?

Co-accused Azeem Qureshi @ Chhanga, son of Yakoob Qureshi, who named the petitioner, is the petitioner's real brother, and therefore there appears to be no reason to believe that he would falsely involve the petitioner. ¶10

Wassem Qureshi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:10472-DB

¶2

Court No. - 43

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 1313 of 2025

¶4

Petitioner :- Wassem Qureshi Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

¶6

1 . Heard Sri Ajay Kumar Mishra, learned counsel for the petitioner and Sri Ratan Singh, learned A.G.A for the State respondents.

¶7

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.

¶8

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.

¶9

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.

¶10

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.

¶11

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.

¶12

7 . Therefore, the writ petition is dismissed.

¶13

Order Date :- 22.1.2025 Abhishek

¶14

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Wassem Qureshi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Wassem Qureshi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rohit Verma @ Rohit Kumar Verma and 3 Others vs State of U.P. and 3 Others

Manish Kumar vs State of U.P. and 3 Others

Sonbeer Singh and Another vs State of U.P. and 3 Others

Abhishesh Rajput vs State of U.P. and 2 Others

Bhawar Singh and 3 Others vs State of U.P. and 3 Others

Bhanu Prasad and 3 Others vs State of U.P. and 2 Others