OM PRAKASH UPADHYAY AND 3 OTHERS v. STATE OF UP AND 3 OTHERS
CRLP/23734/2025 · 2025-10-26
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[ 2025 DAILYLAW 171872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171872 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23734 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ACHAL SACHDEV, J.
1. Heard learned counsel for the petitioners and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 11.7.2025 as Case Crime No. 213 of 2025, under Sections 74, 115(2), 351 (3) and 76 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Jigna, District - Mirzapur, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 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. Versus Counsel for Petitioner(s) : Anil Kumar, Prashant Singh Counsel for Respondent(s) : G.A. Om Prakash Upadhyay And 3 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s)
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.
7. The writ petition is, accordingly, disposed of. October 27, 2025 PK CRLP No. 23734 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad