SHARVCHAND PANDEY @ SHARVCHANDRA PANDEY v. STATE OF U.P. AND 5 OTHERS
CRLP/22237/2025 · 2025-09-25
Salil Kumar Rai, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 102050 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 102050 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22237 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J.
HON'BLE ZAFEER AHMAD, J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed challenging the First Information Report dated 16.09.2025 registered as Case Crime No. 0186 of 2025, under Sections 74, 351(3) of B.N.S., 2023 and Sections 9m and 10 of the Protection of Children from Sexual Offences Act, 2012, Police Station Pipri District Sonbhadra. We have perused the FIR, which prima facie discloses commission of offence and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. With the aforesaid observations, the instant writ petition stands disposed of. September 26, 2025 n.u. Versus Counsel for Petitioner(s) : Mool Chandra Mishra, Subhash Chandra Tiwari Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Sharvchand Pandey @ Sharvchandra Pandey .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad