AYUSH TYAGI AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/2716/2025 · 2025-08-11
Abdul Shahid, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15955 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2716 of 2025 Petitioner :- Ayush Tyagi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Respondent :- Ashima Goel,G.A.,Manu Srivastava Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
1. Heard Sri Lavkush Dikshit, Advocate holding brief of Sri Santosh Kumar Dubey, learned counsel for the petitioners, Sri Manu Srivastava, learned counsel for the respondent No. 3 and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report dated 11.01.2025 registered as Case Crime No. 0004 of 2025, under Sections 498-A, 323, 504 and 506 of IPC and 3/4 of Dowry Prohibition Act, Police Station - Mahila Thana, District - Sambhal but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
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, 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 as well as of a division Bench judgement of this Court in the case of Vimal Kumar and 3 others vs. State of U.P. and 3 others reported in 2021 (2) ACR 1147.
6. The writ petition is, accordingly, disposed of. Order Date :- 12.8.2025 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad