GAJENDRA KUSHWAH v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/22950/2025 · 2025-10-08
Ajay Kumar Ii, Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103376 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22950 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Rajesh Kumar Singh, the learned counsel for petitioner and the learned Additional Government Advocate, representing State respondents 1, 2 and 3.
2. Although, prayer made in this writ petition is to quash the First Information Report, registered on 27.04.2025 as Case Crime No. 26 of 2025, under Section 316(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station - Nai Ki Mandi, District - Nagar (Commissionerate Agra), but at the time, when the matter is taken up, the learned counsel for petitioner confines the relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. We have perused 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.
4. We are of the view that no interference is warranted.
5. However, considering the fact that all offences, mentioned in the Versus Counsel for Petitioner(s) : Rajesh Kumar Singh Counsel for Respondent(s) : G.A. Gajendra Kushwah .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
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, (2014) 8 SCC 273.
6. 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.
7. This writ petition is, accordingly, disposed of. October 9, 2025 Prashant D.
CRLP No. 22950 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad