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2025 DAILYLAW 188331 (ALL)

PUSHPENDRA @ SINTU AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/23375/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23375 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the petitioners, learned AGA for the State and Shri Vikrant Singh Parihar, learned counsel for respondent no.3. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 29.08.2025 giving rise to Case Crime No. 267 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Mohammadabad, District - Farrukhabad, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under Section 41-A of Code of Criminal Procedure / 35 of Bharatiya Nagarik Suraksha Sanhita. 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 Versus Counsel for Petitioner(s) : Dharmendra Kumar Singh Counsel for Respondent(s) : G.A., Vikrant Singh Parihar Pushpendra @ Sintu And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. October 29, 2025 Mohit Singh/- CRLP No. 23375 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad