CRLP/9174/2026 of JITENDER AND ANOTHER Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9174 of 2026 Court No. - 47 HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J. 1. Heard Mr. Sachin Malik, learned Counsel for the petitioners at great length in support of the motion to admit this petition to hearing, Mr. Akash Tyagi, learned Counsel, on behalf of respondent no. 4 and Mr. Deepakh Kapoor, learned Additional Government Government, for the State respondents. 2. The petitioners have come up with a prayer seeking to quash the impugned FIR giving rise to Case Crime No. 0143 of 2026, under Sections 191(2), 191(3), 115(2), 131, 351 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Baraut, District - Baghpat. 3. A perusal of the FIR shows that the first informant's sons Shubham Tomar and Vishant Tomar, on the 1st of March, 2026 at about 10.30 a.m., had gone from Badauli to Badka Baghpat for the purpose of getting their sugarcane produce weighed. As soon as Shubham reached the expeller, Vikas, Harendra, Jitendra, Harsh and Akash, who are natives of their village, arrived in a car and assaulted the informant's sons Shubham and Vishant with sticks ( lathi danda). Both of them received severe injuries. The accused threatened Shubham and Vishant with death. It is on these Versus Counsel for Petitioner(s) : Sachin Malik Counsel for Respondent(s) : G.A. Jitender And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) allegations, that the first information was registered. 4. Learned AGA has produced before us copies of the injury reports relating to Vishant and Shubham, both dated 01.03.2026, issued by the CHC, Baraut, Baghpat. 5. A perusal of the injury report, relating to Vishant, shows that he has sustained the following five injuries: "1. Traumatic injury size 10 cm x 8 cm on Rt. arm. 7 cm below top of Rt. shoulder joint. (KUO) 2. A contusion 6 cm x 2 cm mid of upper spine (KUO). 3. Traumatic swelling 10 cm x 7 cm on Lt. leg 8 cm below knee joint (KUO) 4. A contusion 7 x 4 cm on Lt. knee joint (KUO) 5. An abrasion 1 x 1 cm on Lt. Ankel joint. Complaint of pain on pelvic area." 6. Likewise, Shubham has sustained the following injuries: "1. Traumatic injury size 7 x 6 cm on Rt. forearm. on Rt. thumb (KUO) 2. Traumatic injury size 8 x 4 cm on Lt. fore arm, 7 cm below Lt. elbow (KUO) 3. A contusion 11 x 4 cm on Lt. thigh, 11cm above Lt. knee joint 4. Contusion size 11 x 3 cm on Lt. knee. 5. Contusion of size 10 x 2 cm on back of Rt. thigh." 7. Looking to the nature of the injuries sustained, where at least three, in case of Vishant, and, two, in case of Shubham, have been advised to be kept under observation, we decline to accept the disputed defences of the petitioners advanced by Mr. Sachin Malik, learned Counsel, who has very CRLP No. 9174 of 2026 2 ably argued all possible points that could be canvassed, on behalf of the petitioners. 8. The said dispute defences have to be thoroughly investigated and, if still the petitioners are charge-sheeted, thrashed at the trial. These cannot be gone into scrutiny in the present proceedings under Article 226 of the Constitution. This petition is dismissed. May 6, 2026 Prashant D. CRLP No. 9174 of 2026 3 (Tarun Saxena,J.)   (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad