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2025 DAILYLAW 172619 (ALL)

ASHUTOSH SINGH @ DEEPU v. STATE OF U.P. AND 3 OTHERS

CRLP/23907/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23907 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioner and learned AGA for the State- respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 29.09.2025 giving rise to Case Crime No. 889 of 2025, under Section 406 of I.P.C., Police Station - Highway, District - Mathura, 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 commissioning of 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, the authorities are directed to ensure the procedure of arrest as per the guidelines of the 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 petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. Versus Counsel for Petitioner(s) : Ashutosh Dwivedi Counsel for Respondent(s) : G.A. Ashutosh Singh @ Deepu .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. The writ petition, accordingly, is disposed of. October 28, 2025 vijay krishna CRLP No. 23907 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad