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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22355 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ACHAL SACHDEV, J. Criminal Misc. Exemption Application No.01 of 2025
1. Heard Sri Girja Shanker Mishra, learned counsel for the petitioner and Sri Manish Goyal, learned A.A.G. assisted by Sri C. B. Dhar Dubey, learned A.G.A. for the State.
2. The petitioner is exempted from filing the certified copy of the first information report dated 30.08.2025.
3. The application is, accordingly, allowed.
Order on Petition
4. Although prayer made in this writ petition is to quash the First Information Report registered on 30.08.2025 as Case Crime No.0504 of 2025, under Section 21 Arms Act, 1959, Police Station - Handia, District - Commissionerate Prayagraj, 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.
5. The address of the petitioner in the writ petition is incomplete. Therefore, the Investigating Officer shall serve notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 at the proper address of the petitioner.
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 Versus Counsel for Petitioner(s) : Girja Shanker Mishra, Pratiksha Rai Counsel for Respondent(s) : G.A. Satish Mishra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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.
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 petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall cooperate in the investigation.
10. The writ petition is, accordingly, disposed of. October 6, 2025 Zafar CRLP No. 22355 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad