Allahabad High Court
AVNISH BHADAURIYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR cannot be quashed as no sufficient ground was shown to merit interference by the court.
Summary
Petitioner Avnish Bhadauriya filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 15‑01‑2026 lodged by informant Rajkumar under several IPC sections. The State argued that a second FIR dated 18‑01‑2026 was filed by the petitioner’s side, indicating that the incident was admitted by both parties and raising the question of who was the aggressor. The court held that determining the aggressor required factual investigation and could not be decided in the writ jurisdiction. The learned A.G.A. submitted that no sufficient ground existed to interfere with the FIR. Consequently, the court found no merit in the petition and dismissed it, vacating any interim relief.
Issues considered
- Whether the FIR dated 15‑01‑2026 can be quashed on the ground that the occurrence is admitted by the parties
- Whether the High Court can intervene in the factual determination of the aggressor in a criminal FIR
Legislation cited
- Indian Penal Code — s. 115, 191, 308, 324, 333, 351, 352
Subjects
- FIR
- quash
- criminal procedure
- Section 191
- Section 352
- High Court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 2544 of 2026
Avnish Bhadauriya
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahipal Singh, Rishiraj Chauhan
Counsel for Respondent(s) : G.A., Nisha Chouhan, Shailendra Singh
Rathore
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Mahipal Singh, the learned counsel for petitioner, the learned
A.G.A. for State-respondents 1 and 2 and Mr. Shailendra Singh Rathore, the
learned counsel representing first informant-respondent-3.
2. Perused the record
3. Petitioner-Avnish Bhadauriya has approached this Court by means of
present criminal misc. writ petition challenging the FIR dated 15.01.2026
lodged by first informant-respondent-3, Rajkumar and registered as Case
Crime No. 0003 of 2026, under Sections 191(2), 351(2), 352, 324(4), 308(2)
BNS, Police Station-Jaitpur, District-Agra.
4. At the very outset, the learned A.G.A. for State-respondents 1 and 2
submits that in respect of an occurrence, which is alleged to have
occurred on 14.01.2026, an FIR dated 18.01.2026 was lodged by Jai
Kishore from the side of petitioner and was registered as Case Crime No.
0007 of 2026, under Sections 115(2), 191(2), 191(3), 324(4), 333, 352,
351(2) BNS, Police Station-Jaitpur, District-East Commissionerate Agra.
5. In respect of the same incident, another FIR dated 15.01.2026 has been
lodged by first informant-respondent-3, Rajkumar and registered as Case
Crime No. 0003 of 2026, under Sections 191(2), 351(2), 352, 324(4), 308(2)
BNS, Police Station-Jaitpur, District-Agra. On the above premise, the
learned A.G.A. thus submits that the occurrence is admitted to the parties. In
CRLP No. 2544 of 2026
2
view of above, the primary question, which is now required to be answered
by Court below is; as to who is the aggressor? The said question cannot be
answered by Court below in isolation i.e. in absence of petitioner. As such,
no interference is warranted by this Court in present writ petition.
6. When confronted with above, the learned counsel for petitioner could
not overcome the same.
7. Having heard, the learned counsel for petitioner, the learned A.G.A. for
State-respondents 1 and 2, the learned counsel representing first
informant-respondent-3,upon perusal of record and considering the
submissions urged by the learned A.G.A. on behalf of State-respondents
in opposition to present writ petition as noted herein above, we find that
no good or sufficient ground has emerged so as to quash the impugned
FIR.
8. As a result, the present writ petition fails and is liable to be dismissed.
9. It is, accordingly, dismissed.
10. Interim order, if any, stands vacated.
February 25, 2026
Vinay
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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