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2025 DAILYLAW 104267 (ALL)

GANESH YADAV AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/23161/2025 · 2025-10-12

Ajay Kumar Ii, Rajeev Misra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23161 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Sri Sanjay Kumar Yadav, learned counsel for the petitioners and the learned AGA for the State-respondents 1, 2 and 3. 2. The present writ petition has been filed with a prayer to quash the First Information Report registered on 21.09.2025 as Case Crime No. 0353 of 2025, under sections 352, 351(3), 316(2), 318(4) of BNS, Police Station Mohammadabad, District Mau. 3. 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. 4.We are of the view that no interference is warranted. 5. 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. 6. 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. Versus Counsel for Petitioner(s) : Kiran Yadav, Sanjay Kumar Yadav Counsel for Respondent(s) : G.A. Ganesh Yadav And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. The writ petition is, accordingly, disposed of. October 13, 2025 Monika CRLP No. 23161 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad