Allahabad High Court
CRLP/10405/2026 of OSAMA Vs STATE OF U.P. AND 2 OTHERS on 6 May 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10405 of 2026 Court No. - 47 HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J. Heard Mr. Rajesh Kumar Mishra, learned counsel for the petitioner, Mr. Rakesh Kumar Mishra, learned counsel for respondent no.3 and Mr. Ghanshyam Kumar, learned
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10405 of 2026 Court No. - 47 HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J. Heard Mr. Rajesh Kumar Mishra, learned counsel for the petitioner, Mr. Rakesh Kumar Mishra, learned counsel for respondent no.3 and Mr. Ghanshyam Kumar, learned AGA-I for the State. This writ petition has been filed for quashing the impugned FIR dated 22.04.2026 registered as Case Crime No. 52 of 2026 under Section 126 (2), 115 (2), 352, 351 (2) of BNs, Police Station Kotwali, District Rampur. A perusal of the impugned FIR shows that the informant was assaulted by the petitioner- Osama and his companion after being waylaid when he was on his way to home to the place of one Amit Saxena. The assault by the two men employing blows was so severe that the medico-legal report of injury shows a traumatic swelling 2 cm x 2 cm over the left side of chest, 1 cm above the left nipple and they are advised to be X-rayed. The supplementary report shows no abnormality detected but this fact does not detract from what was noticed in the medico legal report dated 22.04.2026. As a result of assault, the victim suffered a traumatic swelling on the chest which is a vital part of the body. The story of assault, therefore, cannot be disbelieved, at least in the present petition, for quashing the FIR. Whatever the petitioner argues constitutes his disputed defence, the truth of which we cannot examine in the exercise of our jurisdiction under Article 226 of the Constitution. All those matters have to be probed during investigation and if the petitioner found charge-sheeted, thrashed at the trial. Versus Counsel for Petitioner(s) : Rajesh Kumar Mishra Counsel for Respondent(s) : G.A., Rakesh Kumar Mishra Osama .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
In the circumstances, we decline to interfere with the impugned FIR. This petition is dismissed. May 7, 2026 C. MANI/ Prashant CRLP No. 10405 of 2026 2 (Tarun Saxena,J.) (J.J. Munir,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad