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2025 DAILYLAW 101632 (ALL)

SHUBHAM MISHRA AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS

CRLP/22219/2025 · 2025-09-25

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22219 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. A joint Vakalatnama of Sri Jitendra Singh and Sri Rajesh Kumar filed on behalf of the respondent no. 4 be kept on record. It be kept on record. Criminal Misc. Exemption Application No. 1 of 2025 2. Heard learned counsel for the petitioners, learned counsel for the informant and the learned AGA for the State. 3. The petitioners are exempted from filing the certified copy of the first information report 9.9.2025. 4. The application is accordingly allowed Order on Petition 5. Although prayer made in this writ petition is to quash the First Information Report registered on 9.9.2025 as Case Crime No. 194 of 2025, under Sections 126(2), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 3(1)(r) of SC/ST Act, Police Station - Indargarh, District - Kannauj, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. We have perused the the First Information Report which prima facie discloses cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315. Versus Counsel for Petitioner(s) : Abhinav Dwivedi Counsel for Respondent(s) : G.A. Shubham Mishra And Another .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) 7. We are of the view that no interference is warranted. 8. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 9. It is expected of the Police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation. 10. The writ petition is, accordingly, disposed of. September 26, 2025 PK CRLP No. 22219 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad